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MANOJ KUMAR GUPTA, RAJENDRA KUMAR IV
Sujit – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manoj Kumar Gupta, J.
The petitioners are elected Pradhans of Gram Panchayat Bhaiswali, Sansaarpur, Sidhwapaar, Kodhari, Bailey and Kalyanpur. They have called in question notifications dated 12.12.2020, 22.7.2022 and 10.8.2022 (all issued by respondent No. 2).
2. The notification dated 12.12.2020 was a draft of a proposal intended to be issued by the Governor in exercise of powers under clause (2) of Article 243-Q of the Constitution of India, read with sub-section (2) of Section 3 of the U.P. Municipalities Act, 1916 and in partial modification of previous notification dated 16th March, 1875 and other notifications issued in this behalf for inclusion of ten villages in the transitional area of Nagar Panchayat, Badahalganj, Gorakhpur. The draft proposal was notified in order to ensure compliance of Section 4 of the U.P. Municipalities Act, 1916 which is as follows :
The main legal point established in the judgment is that Notifications issued under Section 5(1)(B) of the Madhya Pradesh Municipalities Act, 1961 must fulfill the requirements of Article 243Q of the....
The failure to consider objections submitted within the statutory timeframe invalidates the notification regarding the inclusion of a Gram Panchayat in a Nagar Panchayat.
The court established that adherence to statutory notification and objection processes is essential for valid municipal governance actions.
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The provisions of the Bihar Panchayat Raj Act, 2006 shall have no application in respect of the areas to which the provisions of the Municipal Act are applied.
Mandate of Section 9 of the Act being that Governor should form an opinion that objections to the proposed notification being insufficient or invalid, would alone qualify for notification being issue....
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