RAJDHAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) IN consequence of the mandate given by the Parliament by enacting Constitution 73rd Amendment Act, the State Legislature proceeded to bring M. P. Panchayat Raj Adhiniyam of 1993 (hereinafter referred to as the 'adhiniyam') on the statute book. As under Section 3 of the Adhiniyam, a Unit of Local Government described as "village" which could consist of one or more villages was to be created, a preliminary notification, copy whereof is Annexure P/1 with this petition was published. Objections were invited and these were to be filed within a period of five days. Objections were filed vide Annexure P/3. The main objection which was taken in the objection petition was that the headquarters of the Village Panchayat should be located at village Sahodari and a stipulation to the contrary in locating the same at Madkheda is not appropriate. Further steps with a view to constitute the village as contemplated by Section 3 of the Adhiniyam were taken and final notification Annexure P/4-A was issued on 9th March, 1994. A notification Annexure P/4 under Section 12 of the Adhiniyam with a view to constitute the wards was issued on 16th March, 1994. There are five wards in Madkheda and eleven in Sahodari.

(2.) THE grievance of the petitioner is that the headquarters of the Gram Panchayat should be located at Sahodari and not at Madkheda. A further submission which was not part of objections Annexure P/3 is that as per guidelines contained in Annexure P/2 there should have been an independent Gram Panchayat for Sahodari as it has a population of more than 1000.

(3.) WE have examined the submissions made by the petitioner and are of the view that these cannot be accepted. The relevant statutory provisions which deal with the creation of "village" and 'gram Panchayat" may now be noticed :