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REKHA BORANA
Mumal Kanwar, W/o. Surendra Singh – Appellant
Versus
State of Rajasthan, Through Secretary Cum Commissioner, Rural Development and Panchayati Raj Department, Government of Rajasthan – Respondent
ORDER :
Rekha Borana, J.
1. The present writ petition has been preferred against the notification dated 29.07.2024 (Annex.6) whereby an Administrator has been sought to be appointed qua the newly constituted Gram Panchayat Chawadia.
2. The facts are that vide notification dated 31.05.2022, a new municipality namely ‘Marwar Junction’ was constituted and one village namely Suryanagar from Gram Panchayat Chawadia was included in the said newly constituted municipality. Earlier, Gram Panchayat Chawadia comprised of four villages out of which one was included in the newly constituted municipality. Therefore, Gram Panchayat Chawadia remained with three villages namely, Chawadia, Jogdawas and Bithora Khurd and hence, Gram Panchayat Chawadia was reconstituted with the same name. For the said purpose, notification dated 25.07.2023 was issued.
3. After the re-constitution of Gram Panchayat Chawadia vide notification dated 25.07.2023, the earlier members of the Gram Panchayat continued to function. However, after a period of almost one year, vide notification dated 29.07.2024 (Annex.6), the Development Officer of Gram Panchayat Chawadia has been sought to be appointed as an Administrator till the
An Administrator can only be appointed when a Panchayat is dissolved, not when it is merely reconstituted.
The court established that an Administrator cannot be appointed under the Rajasthan Panchayati Raj Act, 1994, when a Gram Panchayat is reconstituted rather than dissolved.
The appointment/continuance of the existing elected body as Administrator after the expiration of their term would be contrary to the mandate of Article 243E of the Constitution and the Maharashtra V....
Point of law : intention of the Legislature that the effect of expression "the elected member of the Grama Panchayat cease to be member" as used in Section 8(3) is to state that for the purpose of ex....
Respondent-State Government is required to hold elections to the Nelamangala CMC and reconstitute Council in terms of Section 358 of Act. Since it has been noticed by this Court that the process of d....
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The duration of local authorities' jurisdiction over newly constituted municipal areas and the dissolution of municipalities as per the provisions of the Bihar Municipal Act, 2007 and the Constitutio....
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