THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 30121 OF 2025

ORDER:

In this writ petition, the petitioners are challenging the action of the respondents in deleting the Gudi Thanda i.e., Kokkiramla Gouramam and the land situated in Survey Nos.40 to 69 of Kokkiramla Gouramam Revenue Village of Bothya Thanda Gram Panchayat to constitute a new Gram Panchayat namely Balaji Thanda Gram Panchayat with 305 voters only and also in not considering the representations of the petitioners dated 07.08.2024, as illegal and arbitrary.

2. Learned Senior counsel for the petitioners submitted that for forming a new Gram Panchayat, a minimum population of more than 500 is required. However, the population of the newly formed Gram Panchayat is only 305 and therefore, it is in violation of the guidelines issued for the formation of a new Gram Panchayat. It is submitted that as the notification was issued on 15.07.2024 and immediately thereafter, the petitioners made representations on 07.08.2024 to the respondents, the same has not been considered so far.

3. Learned Senior Counsel appearing for the petitioners also relied upon the decision of this Court in W.P.No.34961 of 2023 dated 21.08.2025 wherein the conditions for bifurcation of Gram Panchayat have been considered and it was observed that population should be more than 500 for such bifurcation.

4. Learned Government Pleader for Panchayat Raj has relied upon the letter No.6021/CPR&RE/D1/2017, dated 17.01.2018, to submit that the minimum population of 500 has been modified to the minimum population of 300 and since the population of the Balaji Thanda Gram Panchayat i.e., newly formed Gram Panchayat is more than 300, the formation of new Gram Panchayat is justified.

5. However, the learned senior counsel for the petitioners pointed out from the said letter that a minimum population of 300 is justified only in exceptional cases like far- off habitations from both the existing Gram Panchayats headquarters and the proposed new Gram Panchayat headquarters and where natural barriers like hills, rivers, etc., makes them inaccessible.

6. Learned Senior counsel submitted that such a condition is not fulfilled in this case.

7. Learned Government Pleader for Panchayat Raj, however, submitted that the petitioners have approached this Court at a belated stage and seeks time to get instruction and file a counter affidavit in this matter.

8. Today being the last day before Dussera Vacation and the petitioners are apprehending that respondents may issue election notification without considering their representations, this Court deems it fit and proper to direct the respondents No.2 and 3 to consider the representation of the petitioners dated 07.08.2024 and to take appropriate decision thereon before issuing election notification for elections to the Gram Panchayats.

9. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

____________________________ JUSTICE T.MADHAVI DEVI Date: 26.09.2025

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