RANGRAJ Vs. GRAM PANCHAYAT KHINWEL
LAWS(RAJ)-1952-4-24
HIGH COURT OF RAJASTHAN
Decided on April 07,1952

RANGRAJ Appellant
VERSUS
GRAM PANCHAYAT, KHINWEL Respondents





Cited Judgements :-

MANOHAR LAL VS. CUSTODIAN RAJASTHAN JODHPUR [LAWS(RAJ)-1953-2-27] [REFERRED TO]
SOMATH MAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1953-5-8] [REFERRED TO]
MAHARAJA SHRI UMAID MILLS LTD VS. INDUSTRIAL TRIBUNAL JAIPUR [LAWS(RAJ)-1954-9-20] [REFERRED TO]
QURABALI VS. GOVERNMENT OF RAJASTHAN [LAWS(RAJ)-1959-7-13] [REFERRED TO]
KAM SINGH VS. STATE OF HARYANA [LAWS(P&H)-1972-10-40] [REFERRED]


JUDGEMENT

Wanchoo, C.J. - (1.)This is an application by Rangraj and seven others under Article 226 of the Constitution of India for a writ of mandamus and prohibition against the Gram Panchayat, Khinwel through its Sarpanch Chunnilal. The State of Rajasthan has also been made a party to the application.
(2.)It is unnecessary to give in detail all the points raised in the application and we propose to confine ourselves to the main argument on behalf of the applicants based on Section 4 of the Marwar Village Panchayats Act, 1945. That argument is that the Panchayat which is functioning in village Khinwel and has imposed certain taxes since January 1950 is not a properly constituted body, as no notification under Section 4 of the Act was ever issued establishing a Panchayat in that village. The Marwar Village Panchayats Act, 1945 came into force on the 1st January 1946. Section 4 of that Act reads as follows: "The Minister in Charge may, by notification in the Jodhpur Government Gazette, establish a panchayat in any village or any group of villages not included within the limits of a Municipality."
(3.)The case of the applicants is that no notification under Section 4 has ever been issued establishing a 'panchayat' in village Khinwel and therefore, the body which is acting as a 'panchayat' in that village has no legal sanction and cannot Junction as such. It has been admitted by the opposite parties that no such notification as required under Section 4 of the Act was ever issued by the Minister in Charge; nor has any such notification been brought to our notice by the opposite parties. After this admission, it is clear that no body of persons can set themselves up as a village 'panchayat' in village Khinwel and arrogate to themselves the powers which are conferred on a village 'panchayat' by this Act. A notification under S, 4 is, in our opinion, the foundation for the coming into existence of a 'pan-cliayat' in a village and where no such notification has been made, no 'panchayat' under the Act can function in any village. In the present case, as no such notification was ever made, the body which calls itself the 'panchayat' of village Khinwel has no legal existence and cannot impose any taxes or perform any functions conferred on a 'panchayat' by this Act. In this view of the matter the applicants are entitled to an order prohibiting this body which calls itself as the 'panchayat' of Khinwel from imposing any taxes or exercising any powers under the Marwar Village Panchayats Act, 1945.


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