Rajendra Saxena, J. - (1.) These writ petitions, details whereof have been enumerated in the Schedule appended to this order, have been filed by alleged Representatives of various villages, Ex-Sarpanchas, Ex. Ward Panchas etc. challenging the notification No. F. 15(1) Vidbi/Gra Vi P/ dated 10th September, 1992, published in the Rajasthan Gazette dated 11th Sept. 1992, whereby the State Government in exercise of its powers under Sections 3, 4, 70, 86 and 87 (2) of the Rajasthan Panchayat Act, 1953 (in short 'the Act') has established, constituted, re-constituted, re-delimited various panchayat circles situated In Banswara, Bhilwara, Barmer, Chittorgarh, Churu, Dungarpur, Gangarragar, Jaisalmer, Jalore, Jodhpur, Nagaur, Pali, Rajsamand and Udaipur districts. By the impugned respective notifications dated 10-9-1992 pertaining to afore-mentioned districts, the State Government has included certain areas in panchayat circles, or excluded certain areas from one panchyat circle to another panchayat circle, established new panchayat circles and also shifted head quarters of various Gram Panchayat circles. The State has also abolished/merged panchayat circle Pilowani into a newly created panchayat circle Gendi in District Pali.
(2.) Since impugned notifications pertaining to aforesaid districts have been challenged on similar/identical grounds and challenged the exercise conducted by the State Government under Sections 3,4,70,86 and 87 (2) of the Act and Rr. 342 to 345 of the Rajasthan Panchayat (General) Rules, 1961 (in short the Rules, 1961) and common points of law are involved therein, these writ petitions are being decided by a common order.
(3.) It will serve no useful purpose to delineate the facts in all the cases which follow more or less on the same lines. However, it will be conducive to briefly lay down the facts common in all the writ petitions. It appears that by order No. F. 15(1)Gravi P/Punarsima/91/ 834 D/- 4th April, 91 Annexure-R1, the State Government took a suo motu decision to establish, reconstitute/re-delimit Panchayat circles and Panchayat Samities in the State and issued certain guidelines to all the Collectors. The guidelines for that were that the population of each panchayat circle should be between 3000 to 5000 on the basis of the census figures for the year 1981, that none of the villages in a panchayat circle should be situated beyond 8 Kms. from its panchayat headquarter; that in each panchayat circle, there should be at least five wards and on an average, each ward should be formed having a population of about 500 but the population should not be less than 400 and not more than 600. The State Government also fixed 36th June, 1991 as the last date for sending the proposals by the Collector, but subsequently, this date was extended from time to time. Further directions were also given to the Collectors in this behalf vide letter dated 2nd August, 1991 Annexure-R/2, whereby it was proposed to have the panchayat circles generally having population between 2000 to 5000, but the population could exceed even 5000 in case the panchyat circle consisted of only one village. It was directed that the Collectors after examining the matter should publish their proposals and those should be placed in offices of the Collectors, Zilla Parishads, Panchayat Samities and also displayed on the notice boards of the affected panchayat circles. Those proposals could also be given wide publicity through other media asking the general public to file their objections before the Collector, S.D.O. or the Tehsildar upto 15-9-1991. It was further directed that the Collector, if necessary, should also give personal hearing to any objector and that after examining all objections/recommendations should finalise his proposals and send those to the Director, Gramin Vikas and Panchayati Raj, who is the officer in charge of the Panchayats. In pursuance thereof, the Collectors after consulting Panchayat Samities, Panchayat Circles and examining various objections/recommendations so received sent their proposals to the Director, Gramin Vikas and Panchayati Raj Department, who in his turn after examining those proposals submitted his recommendations to the State Government. It appears that the State Government after considering the proposals of Collectors and the recommendations of the officer in-charge of Panchayats by its letter dated 15-2-1992 Annexure-R/3 sent draft proposals in this behalf to the Collectors directing them to publish those proposals by placing copies thereof in offices of the concerned Panchayat Circles, Panchayat Samities, Zila Parishads, Tehsildar, S.D.O. and Collector for inspection and to publish notices inviting objections on those draft proposals from the general public. The State Government in exercise of its powers under Section 70, of the Act by a notification dated 18-2-1992 Annexure-4 published in the Rajasthan Gazette, delegated its powers enumerated under Sections 3, 4,86 and 87 (2) of the Act to Shri Rajendra Jain, the then Development Commissioner, who issued a notification dated 24-2-1992 under Section 86 of the Act to the effect that the State Government on its own motion proposed to establish/reconstitute/ rede-limit various panchayat circles and invited objections from the general public in respect of those draft proposals to be filed within one month to the respective Collectors. It was also notified that the draft proposals were available for inspection in the concerned panchayat circles, Panchayat Samities, Zila Parishads. It further appears that the State Government proposed to hold panchayat elections at an early date and huge number of objections were received. Therefore, the State Government in public interest further delegated its powers in this behalf under Section 70, of the Act to eleven more senior IAS officers vide notification dated 21-5-1992 Annexure-R/5 and also allocated district-wise areas to Shri Rajendra Jain and other delegates. It is alleged that the aforementioned twelve delegatees visited their respective allotted districts fixed date and place of their sittings, heard objections and after taking into consideration various objections filed in this behalf and examining those, either dropped the draft proposals or confirmed or varied those and submitted their final decisions to the State Government. On that basis, the State Government issued impugned notifications dated 10-2-1992 pertaining to different districts, which were published in the Rajasthan Gazette dated 12-9-1992 (11-9-1992).;