- (1.) WE have heard Shri O.P. Rai, learned counsel appearing for the petitioners. Learned Standing Counsel appears for State respondents. Shri Prem Chand has entered appearance and has filed a counter affidavit on behalf of Nagar Palika Parishad, Modinagar, District Ghaziabad.
(2.) THE petitioners were elected as Gram Pradhans of Villages Bisokhar and Begmabad Buddhana, Modinagar, District Ghaziabad in the year 2005. On the expiry of their term as elected Gram Pradhans, they could not contest the elections for the year 2010, as the office of Pradhans in these two Gaon Sabhas were reserved for reserved category candidates. Having failed to contest the elections they filed a Writ C No.58913 of 2010 (Sabuddin and others vs. State of UP and others) in which a direction was issued by this Court on 24.9.2010 to decide their representation by which they claimed that with the inclusion of the areas of four Gaon Sabhas namely Begmabad, Vishekhar, Kadirabad and Seekirikala vide notification under Section 117 (1) of the UP Zamindari Abolition and Land Reforms Act, 1950 dated 11.8.1954, the Gaon Sabhas under Section 8 of UP Panchayat Raj Act, 1947 have ceased to exist.
(3.) THE Secretary, Panchayati Raj Anubhag -1, Government of UP decided and rejected the representation by Office Memorandum dated 11.2.2011 with the findings that the notifications, by which the lands in the villages were included in the Town Area Modinagar, were issued under Section 117 (1) of the Act. The notification was limited to the extent that the management of certain areas in the Gaon Sabhas were directed to be undertaken by the Town Areas. The notification covered several districts of the State of UP including the district of Ghaziabad in which the areas of these villages were included in the Town Area Modinagar with certain exceptions. Shri O.P. Rai states that Section 8 of U.P. Panchayat Raj Act, 1947 provides that if the whole of the area of Gram Panchayat is included in a city, municipality, cantonment, notified area, or Nagar Panchayat, the Gram Panchayat shall cease, and its assets and liabilities shall be disposed of in the manner prescribed. He submits that as soon as the areas of the Gaon Sabha were included in the Town Area Modinagar, which was later on upgraded as Nagar Palika, the Gram Panchayat of four villages have ceased by operation of law. He submits that the entire funds for the management of the properties and development of the areas in the Gram Panchayats is being appropriated by the Nagar Palika Parishad, Modinagar. The Gram Panchayats have no authority to utilise the funds and thus the entire object and purpose of continuing the Gram Panchayats for holding the elections of the Pradhans has been rendered nugatory.;