Point of Law: Function of Government in establishing a Nagar Panchayat under Act is neither executive nor administrative, but is a legislative process.

JUDGMENT :

Tarlok Singh Chauhan, J.

On 28.07.2019, a meeting of Gram Sabha, Amb, was held, but no consensus could be arrived at with regard to granting of status of Nagar Panchayat of Gram Panchayat, Amb. However, in August, 2019, an unanimous decision was taken by the members of the Gram Panchayat that Amb Panchayat may be divided into two Gram Sabhas i.e. Gram Sabha, Amb and Gram Sabha, Partap Nagar and the same was approved by majority vide resolution dated 23.11.2019.

2. On 24.08.2020, a resolution was passed by the Gram Panchayat, Amb, wherein it was again reiterated that Gram Panchayat, Amb, may be divided into two Panchayats in view of consensus already arrived at and the same was forwarded to the respondents. However, respondent No.1 on 25.08.2020 issued a notification inviting objections from the residents of the area and various panchayats to submit their objections/suggestions, if any, to the proposed declaration of Nagar Panchayat, Amb, under the provisions of the H.P. Municipal Act, 1994, (for short ‘Act’). Later, vide notification dated 27.10.2020, the respondents declared Amb Panchayat as Nagar Panchayat, Amb and aggrieved thereby the petitioner has filed the instant petition for grant of the following substantive relief:

“It is therefore respectfully prayed that keeping in view the facts & circumstances of the case & in view of the submissions made here in above the present petition may kindly be allowed by quashing & setting aside the impugned notification annexure P- 14, which has been issued without deciding objections/representations annexures P-10 to P-13, where in details submissions have been jotted down by the petitioner as also various other residents/inhabitants of the area, by specifically pointing out that the notification would not only ruin them but the generations for all times to come as most of the agricultural land in the area is being used by the inhabitants of the area for agriculture, farming & livestock purposes for earning their bread butter & if the notification is allowed to stand then virtually all the residents have to pay heavy taxes without there being any source of income as also contrary to the provisions of law. Thus the petitioner humbly prays that respondents may take into consideration the objections submitted by them annexures P-10 to P-13, by dealing them in a just & proper manner after affording the petitioner & other objectionists, as is evident from the plain & simple reading of the impugned notification that none of their objections have been taken into account while issuing the impugned notification annexure P-14, which may kindly be declared as illegal, arbitrary & unconstitutional & in the interest of justice.”

3. According to the petitioner, the respondents have not kept in mind the most important fact that the formation or creation of a Nagar Panchayat or Council and any other Municipal Body has to be in consonance with the wish of the majority of the people, who otherwise had only consented to the creation of the Gram Sabhas, as aforesaid. It is further contended that the notification constituting Nagar Panchayat is otherwise illegal as it does not fulfill the pre-requisites as required to form a Nagar Panchayat.

4. Respondent No.3 has filed the reply. Besides this, respondent No.3 has also filed a supplementary affidavit wherein it has been averred that Nagar Panahcyat, Amb, had been created in the larger public interest to provide civil amenities in the area. Moreover, the civil amenities are required to be provided to the area in larger proportion which the Gram Panchayat cannot cater to taking into consideration its meager resources. It is necessary for the State Government to provide basic amenities and other facilities to the residents of the area by constituting Nagar Panchayat. It is further averred that as per Section 3 of the Act, the State can constitute