IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA SHRIPAD DIXIT, CHITTARANJAN DASH
Krushna Chandra Jhapatsing – Appellant
Versus
State of Odisha, represented through the Commissioner-cum-Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to the rejection of panchayat bifurcation (Para 1) |
| 2. appeal rejected for lack of merits (Para 2) |
JUDGMENT :
KRISHNA S. DIXIT, J.
This Intra-Court Appeal seeks to call in question a learned Single Judge’s order dated 21.06.2024, whereby Appellants’ WP(C) No.22668/2016 seeking quashment of Commissioner’s order No.23098 dated 09.12.2016 has been negatived. By the said order of the Commissioner, Appellants’ representation for the bifurcation of Khanguria Grama Panchayat and for creation of Sampur Grama Panchayat has been rejected.
2. Having heard learned Counsel for the Appellants and having perused the Appeal papers, we decline indulgence in the matter for the following reasons:
2.1. Section 3 of the Odisha Grama Panchayats Act, 1964 vests power in the State Government inter alia for the creation of Grama Panchayats keeping in view certain social parameters. This it does by issuing a notification published in the gazette by enlisting group of villages that would become the Grama Panchayat. The said body will be named after one of such constituent villages. Sub-section 3 prescribes the population as a parameter for the exercise of this power and it reads as und
Bifurcation of Grama Panchayats requires judicial discretion and is not solely based on population; the 'reasonably practicable' standard allows for executive interpretation and policy-making that co....
Section 7 of Act, 1993 is only with regard to effective consultation with Gram Panchayat. Meaning thereby that if Gram Panchayat is not agreeable with merger then it is for State Government to decide....
The amendment to increase the number of seats in Panchayats is valid and does not violate constitutional provisions regarding population ratios or legislative competence.
State Government would thereafter consider the recommendation, and, in its discretion make a decision under Section 7(2) of the Act.
It is not possible to hold that there is no consultation by which there is a violation of Section 7(2) of the Act.
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