Constitutional mandates for establishing municipalities under Article 243Q can be flexibly interpreted, allowing various factors for inclusion without strict adherence to all listed criteria.

JUDGMENT :

Vivek Singh Thakur, J.

By way of the present petition under Article 226 of the Constitution of India, petitioners have assailed proposal for constitution and declaration of Nagar Panchayat Barsar, District Hamirpur, vide impugned notification dated 23/24.11.2025 (Annexure P-1), as well as final notification dated 25.02.2026 (Annexure P-6) creating Nagar Panchayat Barsar, issued by respondents, alleging the same to be arbitrary, illegal, and violative of Article 243Q of the Constitution of India. It is further submitted that the notification so published lacks the essential ingredients, required to be incorporated therein as envisaged under Article 243Q of the Constitution.

2. This is the second round of litigation. The respondents had notified proposal for declaration of Nagar Panchayat Barsar vide notification dated 23/24.11.2024 (Annexure P-1), inviting objections from affected persons through Deputy Commissioner, Hamirpur, within a period of two weeks.

3. Petitioner has filed objections against inclusion of area of Gram Panchayat Bani in proposed Nagar Panchayat, Barsar, on the ground that for inclusion of Wards of their Gram Panchayat in Nagar Panchayat Barsar, all villagers are annoyed, who are residents of rural area, and some of them are Below Poverty Line and all of them are engaged in animal husbandry and agricultural activities. It is further contended that Panchayat/Wards are situated at a distance of 3–5 kilometers from the town, and residents cannot bear the financial burden associated with Nagar Panchayat.

4. Vide notification dated 20.12.2024 (Annexure P-3), Department of Urban Development, Government of Himachal Pradesh, after receiving objections from inhabitants of the local areas, constituted Nagar Panchayat Barsar, District Hamirpur.

5. Aforesaid notification was assailed by the petitioners by filing CWP No.819 of 2025 (Balbir Singh & Ors. vs. State of Himachal Pradesh & Ors.), which was decided on 18.12.2025 (Annexure P-4) by quashing and setting aside the notification dated 20.12.2024 (Annexure P-3), with directions to Secretary, Urban Development, to consider the objections of the petitioners and to take appropriate decision in accordance with law, as expeditiously as possible, preferably on or before 10.01.2026, by passing a reasoned and speaking order after providing personal hearing to the petitioners.

6. In sequel to aforesaid order, objections filed by the petitioners were considered and decided by the Principal Secretary (Urban Development) to the Government of Himachal Pradesh, vide office order dated 09.02.2026 (Annexure P-5) after giving personal hearing to the petitioners, whereby the objections filed by the petitioners have been rejected and vide fresh final notification dated 25.02.2026 Wards of Gram Panchayat, Bani, have again been notified to have been included in Nagar Panchayat Barsar.

7. In the aforesaid background, present petition has been filed assailing the draft notification dated 23/24.11.2025 (AnnexureP-1) as well as the final notification dated 25.02.2026 (Annexure P-6).

8. Respondents have defended the constitution of the Nagar Panchayat in reference, by submitting that the impugned notification was issued after fulfilling all legal formalities, by exercising the powers conferred upon them for better development and improved arrangements in the area in reference, after giving due consideration to the objections raised by local inhabitants and to fulfill the long-standing demand of large number of people of the area.

9. It has been submitted by learned counsel for the petitioner