Bechan Singh vs State of M.P. and others

S.P. Khare, J.

This is a petition under Article 226 of the Constitution of India challenging the two notifications dated 13-3-1999 (Annexures P-5 and P-6) by which "Mahewa" and "Gurmuti" villages have been created in Surguja district u/s 129-B(1) of the M.P. Panchayat Raj Adhiniyam, 1993 (hereinafter to be referred to as the Act.)

Gram Panchayat Mahewa was created in which three villages Mahewa, Gurmuti and Madhna were included. There was another nearby Gram Panchayat Kaknesha in which villages Kaknesha and Madanpur were included. The Collector, Surguja published the two notifications on 5-3-1999 (Annexure P-l and P-2) u/s 129-B(1) of the Act but did not propose any changes in the existing villages. These notifications were not u/s 125 or 126 of the Act for changes of head-quarters of Gram Panchayat division, amalgamation and alteration of Panchayat area or for dis-establishment of village. Therefore, there was no question of inviting suggestions or objections under the provisos to these two sections or as per Rules 3 and 4 of the M.P. Panchayat (Alteration of Limits, Disestablishment or Change of Headquarters) Rules, 1994. The two notifications dated 5-3-1999 were an exercise in futility. These were not necessary under the law nor these notifications served any purpose as there was no proposal therein to make any changes. But the petitioner as Sarpanch of Gram Panchayat Mahewa submitted his suggestions as per Annexure P-4 by passing the resolution dated 10-3-1999 of the Gram Panchayat Mahewa.

By the two impugned notifications dated 13-3-1999 two separate villages Mahewa (single unit) and Gurmuti (including Madhna and Madanpur) have been created u/s 129-B(1) of the Act. This section is in the Chapter XIV-A-Special Provisions for Panchayats. In this chapter "Village" has been defined in Clause (b) and "Gram Sabha" in clause (a) of section 129-A. District Sarguja is a notified scheduled area under the Schedule V of the Constitution of India. The Parliament has passed the Panchayat (Extension to Scheduled Area) Act, 1996 in exercise of the powers under Article 243M of the Constitution. Thereafter, by an amendment in M.P. Panchayat Raj Adhiniyam, 1993 Chapter XIV-A has been added. This chapter has been given overriding effect in respect of the provisions of the Act. Therefore, the definition of "village" in this chapter overrides the definition of village given in section 3 of the Act. Now M.P. Scheduled Areas Gram Sabha (Constitution, Procedure of Meeting and Conduct of Business) Rules, 1998 have been framed.

The contention of the petitioner is that the two new villages could not be created without inviting the suggestions or objections of the inhabitants of the existing villages. This is not acceptable as there is no alteration within the meaning of section 125 or 126 of the Act but the new villages have been created under the new chapter. The formation of new villages as units of Local Government is a legislative function as held by this Court in Rajdhar vs. State of M.P., 1995 MPU 152. The Courts cannot interfere in the exercise of such powers. There was no legal obligation to invite any suggestion or objection. The impugned notifications do not suffer from any legal infirmity.

The petition is dismissed.