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2025 Supreme(Online)(Raj) 10585
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE SHREE CHANDRASHEKHAR, MR. JUSTICE CHANDRA SHEKHAR SHARMA, JJ
PANKAJ PANWAR – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 8177 / 2025
Mr. S.P. Sharma, Advocate; Mr. Rajesh Panwar, Sr. Adv. & AAG assisted by Mr. Ayush Gehlot, Advocate
The government has the authority to rescind municipal notifications without violating constitutional provisions, provided it acts within its legislative powers.
Headnote:(A) Constitution of India - Articles 14, 15, 21, and 243Q - Rajasthan Municipality Act, 2009 - Notification dated 26th March 2025 challenged as ultra vires - Petitioners argued that the withdrawal of the previous notification declaring Gram Panchayat Raniwada as a municipality was arbitrary and discriminatory compared to other Gram Panchayats. (Paras 1-4)
(B) Administrative Powers - The authority to issue notifications includes the power to rescind or modify them, as established by the General Clauses Act. The court upheld the government's decision to withdraw the earlier notification based on its legislative powers. (Paras 10-11)
Facts of the case:
The petitioners contested the validity of a government notification that reversed the classification of Gram Panchayat Raniwada as a municipality, claiming it violated constitutional rights and was arbitrary compared to similar areas.
Findings of Court:
The court found no illegality in the government's action to withdraw the notification and upheld the authority's discretion in such matters.
Issues: The main issues were whether the withdrawal of the municipality status was arbitrary and if it violated constitutional provisions.
Ratio Decidendi: The court ruled that the government has the authority to rescind notifications and that such actions do not violate constitutional provisions if done within legislative powers.
Result: Petition dismissed.
Order
Challenging the Government Notification dated 26th March 2025 issued by the authority of the Governor of Rajasthan (under the signature of the Director-cum-Special Secretary, Department of Local Bodies), Pankaj Panwar and Mohd. Iqbal have come to this Court pleading that the said Notification dated 26th March 2025 is ultra vires to Articles 14, 15, 21 and 243Q of the Constitution of India.
2. Briefly stated, the population of Gram Panchayat Raniwada was 12,598 as per 2011 census and the entire area falling under the said Gram Panchayat was brought within the Municipality area. By a Government Notification dated 20th May 2022, Gram Panchayat Raniwada was declared as Class-IV category Municipality with the same boundary. The Government Notification dated 20th May 2022 was issued in the following terms :-
English Translation :-
Government of Rajasthan
Department of Self-Governance, Rajasthan. Jaipur
No.: P.10 (Municipality)(Formation)( ) DLB/22/1961 dated 20/05/2022
Notification
By Departmental Notification No. 351 dated 19.02.2021, exercising the powers conferred under clause (2) of Article 243D of the Constitution of India and clause (a) (i) of sub-section (1) of section 3 of the Rajasthan Municipality Act, 2009 (Act No. 18 of 2009) and clause (c) of sub-section (8) read with section 329 and keeping in view the standards, the State Government hereby declares the entire following Gram Panchayat Raniwada area (District Jalore) as a fourth class municipality with immediate effect:-
| S.No. | District | Name of the newly formed municipality | Gram Panchayat boundary area included in the newly formed municipality |
| 01. | Jalore | Raniwada | Entire area of Gram Panchayat Raniwada (population-12,598) as per Census 2011 |
Under the budget proposal of the Honorable Chief Minister for 2022-23, the existing boundaries of Gram Panchayat Raniwad (District Jalore) will be the local boundaries of the newly formed municipality. This order is approved by the competent level.
With the permission of the Governor (Hridesh Kumar Sharma)
Director and Joint Secretary
3. According to the petitioners, the Sub-divisional Officer at Raniwada started the process for creating 20 wards in the erstwhile Gram Panchayat Raniwada and for that purpose a notice inviting objection was published on 27th March 2025. The petitioners have produced on record the copies of notifications pertaining to Gram Panchayats Jhakhal and Dundlod both dated 02nd September 2024 to demonstrate that similar exercises were undertaken in other Gram Panchayats. However, the said process was abruptly halted because the Government Notification dated 26th March 2025 came to be issued and thereby the previous Notification dated 20th May 2022 was withdrawn. Criticizing the Government action in withdrawing the Notification dated 20th May 2022, the petitioners have pleaded that the Gram Panchayats with lesser population such as the Gram Panchayat Jhakhal and Gram Panchayat Dundlod are left untouched whereas a decision in respect of the Gram Panchayat Raniwada has been taken in the most arbitrary manner to reverse the declaration made under the Government Notification dated 20th May 2022 that the said Gram Panchayat shall constitute a Municipal Council.
4. The Government Notification dated 26th March 2025 issued by the Director-cum-Special Secretary, Department of Local Bodies Jaipur reads as under:
English Translation :-
Government of Rajasthan
Self-Government Department, Raj. Jaipur
No.: F 10 (Municipality)(Formation)( )(B.G.)DLB/24/7751 dated 26/03/2025
In continuation of the Departmental Notification No. 351 dated 19.02.2021, exercising the powers conferred under clause (2) of Article 243D of the Constitution of India and clause (a) (i) of sub-section (1) of section 3 and clause (c) of sub-section (8) of section 3 read with section 329 of the Rajasthan Municipality Act 2009, (Act No. 18 of 2009) and keeping in view the standards, the State Government is pleased to make the Departmental Notification No. F.10 (Municipality)(Form
