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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
Bal Krishan – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. valid constitution of nagar panchayat. (Para 1 , 2 , 4) |
| 2. petitioners' objections to notification. (Para 3 , 10 , 11) |
| 3. respondents' justification for nagar panchayat. (Para 12 , 13 , 14) |
| 4. evidence supporting the constitution of nagar panchayat. (Para 15 , 16) |
| 5. court's decision to dismiss the petition. (Para 17) |
JUDGMENT :
VIVEK SINGH THAKUR, J.
By way of the present petition under Article 226 of the Constitution of India, petitioners have assailed inclusion of Gram Panchayat Kutehla and Gram Panchayat Manjhed for constitution and declaration of Nagar Panchayat Swarghat, District Bilaspur, vide impugned notification dated 25.02.2026 (Annexure P-11), issued by respondents, alleging the same to be arbitrary, illegal, and violative of Articles 14 and 243 of the Constitution of India.
2. This is the third round of litigation. The respondents had notified proposal for declaration of Nagar Panchayat Swarghat vide notification dated 23.11.2024 (Annexure P-2), inviting objections from affected persons through Deputy Commissioner, Bilaspur, within a period of two weeks.
3. Petitioner has filed objections against inclusion of Gram Panchayats Kutehla and Manjhed, including res
The formation of a Nagar Panchayat must adhere to legal provisions, considering local objections, and serving public interest, with no violation of constitutional rights established.
Constitutional mandates for establishing municipalities under Article 243Q can be flexibly interpreted, allowing various factors for inclusion without strict adherence to all listed criteria.
Function of Government in establishing a Nagar Panchayat under Act is neither executive nor administrative, but is a legislative process.
Inclusion of rural areas in municipal governance is justified if it meets statutory requirements for urban planning, despite concerns over local interests and economic implications.
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