Ravi S. Dhawan, J. - (1.) In these two writ petitions the issues raised are basically the same. The contention of the petitioner is that the amendments brought to the U.P. Panchayat Raj Act 1947 by the U.P. Panchayat Laws (Amendment) Act 1994, in effect, permits declaration of any area comprising of a village or group of villages, having, so far as possible, a population of one thousand, to be a Panchayat area. In effect, the contention is that delimitation of a panchayat area has been permitted. The reference is to Section 11-F of the Act. It is reproduced below : '11-F. Declaration of Panchayat area-(1) The State Government may, by notification, declare any area comprising a village or group of villages having, so far as practicable, a population of one thousand, to be a panchayat area for the purpose of this Act by such name as may be specified : Provided that for the purposes of declaration of a panchayat area no revenue village or any hamlet thereof shall be divided ; Provided further that, if in the hill districts of Nainital, Almora, Pithoragarh, Tehri, Pauri, Dehradun, Chamoli or Uttar Kashi, a village or group of villages does not have population of one thousand, the State Government may declare an area within a radius of five kilometres (diameter of ten Kilometres) from the centre of the village as may be specified in the order, to be a Panchayat area though such area may have a population of less than one thousand. (2) The State Government may, on the request of the Gram Panchayat concerned or otherwise, and after previous publication of the proposal, by notification at any time : (a) modify the area of any Panchayat area by including therein or excluding therefrom any area of a village or group of villages. (b) alter the name of the Panchayat area, or. (c) declare that any area shall cease to be a Panchayat area.'
(2.) The concern of the petitioners is that though proposals on the delimitation of the villages, concerned, area awaiting finalisation yet the petitioners are not being permitted to address the District Magistrate before the proposals are finalised.
(3.) Learned counsel for the petitioners draw the attention of the Court to the U.P. Panchayat Raj Rules, 1947. The contention is that while redetermination of the constituencies in any case is permissible under Rule 3-G, and while Section 11-F has made the scope of delimitation wider, yet, upon the list which may be so prepared on the proposals, it has to be published as prescribed as under Rule 3-F and 3-G. It is further contended that this list, is to be available for public inspection for a period of 5 days as provided under Rule 3-H and the publication so made during the period of publication, will be public information to be given on demand as provided by Rule 3-1 and thereafter a certified information is to be made available on payment of scheduled charges.;