LAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall also govern the disposal of W. P. No. 1058/2004 as common question of constitution of Gram Panchayat is involved in both the writ petitions.

(2.) THIS is a writ petition under Article 226 of the Constitution of India so as to assail the validity of the notification dated 12-7-2004 issued by the Collector, Shajapur. Petitioners in the present writ petition are the residents of Village Kumadi and Bejana respectively. They are aggrieved by the exclusion of Village Kumadi from the area of erstwhile Gram Panchayat, Bejana and amalgamation of Kumadi with the Gram Panchayat, Toogni. According to the petitioners, the impugned notification dated 12-7-2004 has been issued contrary to the provisions of Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "the Adhiniyam" for short ). It is contended that objections filed by the residents of Village Kumadi were not at all considered by the respondents. It is also contended that the distance between Kumadi and Toogni is roughly 8 Kms. And in-between Village Kumadi and Toogni there is a river known as 'silar' and a big 'nala' which make the approach to Gram Panchayat, Toogni difficult or inconvenient. On these allegations, present writ petition Has been filed.

(3.) AFTER notice, respondent have filed their reply and submitted that objections were duly considered by the Collector, Shajapur. It was also contended that issuance of notification of village under Section 3 of the Adhiniyam is a legislative function and the Courts can not sit in appeal over such decisions.