HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 12363/2025 Bhagwat Singh S/o Shri Devi Singhji, Aged About 54 Years, R/o Village Jasol, Tehsil Pachpadra, District Balotra, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Deputy Commissioner And Deputy Secretary (First), Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

3. The Principal Secretary, Local Self Government Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

4. The Director Cum Special Secretary, Government Of Rajasthan, Local Self Government Department, Secretariat, Jaipur, Rajasthan.

5. District Collector Balotra, Balotra, Rajasthan.

6. Chief Executive Officer, Zila Parishad, Barmer, Rajasthan.

7. Block Development Officer, Panchayat Samiti Balotra, Balotra, Rajasthan.

8. Govindram Kharwal S/o Shri Ranaram Kharwal, R/o Chamund Chowk, Kharwalon Kas Baas, Pachpadra, Rajasthan.

----Respondents For Petitioner(s) : Mr. Muktesh Maheshwari.

Mr. Manvendra Singh.

Mr. Yashveer Singh.

For Respondent(s) : Mr. Rajesh Panwar, Sr. Advocate &

AAG assisted by Mr. Ayush Gehlot and Mr. Monal Chugh.

Mr. Kuldeep Solanki on behalf of Mr. I.R. Choudhary, AAG.

Mr. Kartik Singh Lodha.

Mr. Ashok Patel.

HON'BLE MR. JUSTICE MUNNURI LAXMAN HON'BLE MR. JUSTICE BIPIN GUPTA

Order

06/08/2025

1. Heard the learned counsel for the parties on the interim stay application as well as on admission.

2. The challenge in the present writ petition is with regard to the Notification dated 27.03.2025 issued under Section 3 of the Rajasthan Municipalities Act, 2009 read with Article 243-Q of the Constitution of India, whereby, a part of the Panchayat Circle Jasol was declared to be not a village and thereby created a new municipality area along with other villages.

3. The case of the petitioner is that the petitioner, who was initially elected as a Member of the Territorial Constituency of the Panchayat Samiti. The local area of this Territorial Constituency is Ward Nos. 1 to 5 and 9 of Jasol Revenue Village. By virtue of the impugned notification issued by the State Government, a part of the Panchayat Circle consisting of Ward Nos. 1 to 5 and 9 were made as a new municipal area along with other revenue villages. In consequence of creation of the new municipal area for the Territorial Constituency of the petitioner, the entire local area of the territorial constituency of the petitioner was merged into a new municipal area by creating a new municipality.

4. The petitioner being the Member of the Territorial Constituency of the Panchayat Samiti was elected as a Pradhan of the Panchayat Samiti. By another impugned communication dated 11.06.2025, the Chief Executive Officer of the Zila Parishad has removed the present petitioner from the post of Pradhan. Being aggrieved by his removal, the petitioner has filed the present writ petition challenging the creation of a new municipality area which included the Territorial Constituency of the petitioner and the consequential removal from the post of Pradhan.

5. The contention of the learned Senior Counsel cum Additional Advocate General appearing for the respondents is that the Ward Nos. 1 to 5 and 9 of Panchayat Circle Jasol were merged into the new municipality by virtue of the notification dated 27.03.2025. The petitioner was representing the Territorial Constituency of Ward Nos. 1 to 5 and 9. By virtue of the notification dated 27.03.2025, the entire area of the territorial constituency of the petitioner was merged into the new municipality thereby, the petitioner ceases to be member of the Panchayat Samiti from the appointed date as those areas were merged into the new municipality and resultantly, he is not entitled to continue as Pradhan.

6. The respondents have issued another notification by invoking the provisions under Sections 101 Clause 2