The constitution of a Municipal Council and Nagar Parishad is a legislative function and not subject to the principles of natural justice.

Vijay Kumar Shukla, J.

The Writ Petition No.17245/2016 filed by the petitioner, Gyan Prakash Patel is in the form of a public interest litigation whereas other writ petitions have been preferred either by the ex office bearers of the Gram Panchayats or by the residents of the Gram Panchayats.

2. For the sake of clarity and convenience the facts adumbrated in the W.P. No.17245/2016 are taken up for adjudication of the lis in question. The challenge in the present petition is to the Notification, dated 26th September, 2016, issued by the State Government, in exercise of powers conferred under Section 5(1)(b) of the M.P. Municipalities Act, 1961 [hereinafter referred to as ‘the Act’]. By the impugned Notification, Nagar Parishad Manpur (Municipal Council, Manpur) has been notified to be constituted, by including the area of Gram Panchayats, Manpur, Sigudi, Semra and Govarde. The villages of these Gram Panchayats have been notified in the impugned Notification. Villages-Manpur, Kathar and Barbaspur of the Gram Panchayat Manpur and Village, Sigudi of Gram Panchayat Sigudi; and villages of Semra and Goverde have been notified to be merged in the area of newly constituted Nagar Parishad Manpur.

3. The petitioners have challenged the constitution of the Nagar Parishad on the ground that the Notification is contrary to the provisions of the Act and also as there is no urban activity therein, therefore, the Gram Pancahayat cannot be made to loose its existence; that the residents of the villages do not pay any taxes viz. octroi (entry tax) or house tax whereas the inhabitants of a Nagar Parishad will have to pay the same to the Nagar Parishad. It is further contended that the Notification is not in the interest of residents of the villages. Further, challenge has been made on the ground that the Notification is bad in law, because the procedure prescribed under Section 5 of the Act and the principles of natural justice have not been followed, hence the impugned Notification is contrary to the observations made in para 29 of the judgment rendered by the Apex Court in the case of State of Maharashtra and another vs. Jalgaon Municipality, AIR 2003 SC 1659.

4. In this bunch of writ petitions it is also contended that the Notification is also contrary to the provisions enshrined under Article 243U of the Constitution of India, as the term of the existing Panchayat had not expired and the same would be prejudicial to the interest of the existing elected body of the Gram Panchayat.

5. Controverting the aforesaid submission, counsel for the respondents/State assiduously urged that the Notification has been issued in accordance with the statutory provisions of Section 5 of the Act. He also raised an objection regarding maintainability of the public interest litigation in this bunch of writ petitions. It is contended by him that in view of Section 5 of the Act, it is only population of the area which plays an important role for deciding as to whether a Municipality Council or Nagar Parishad or transitional area is to be constituted. It is canvassed that the State Government has issued the Notification dated 27-12-2011, wherein the scale of population has been provided to decide the Constitution of a Nagar Parishad/Municipal Council/Municipal Corporation. It is also provided in the said Notification that where population exceeds 20000 but less than 50000 then a Municipal Council can be constituted. A copy of the Gazette Notification, dated 27-12-2011 has been placed on record as Annexure-R/1. Counsel for the State further contended that the action of the respondents is legislative in nature, therefore, the provision of the principles of natural justice would not be made applicable in the present case and the action cannot be interfered with in exercise of judicial review by this Court under Article 226 of the Constitution of India.

6. In the reply filed on behalf of the State it is further submitted that the census data was collected of the consi