Grama Sabha of Kaverirajapuram Panchayat Village and Others vs The State of Tamil Nadu and Others

K.A. Swami, C.J.—These writ petitions are referred to a Division Bench by the learned single Judge by the common order dated

6.11.1995, having regard to the question of law involved. The writ appeals are preferred against the order dated 6.11.1995 passed in the writ

miscellaneous petitions, refusing to grant interim order. Therefore, the writ appeals and writ petitions are heard together.

We may also state one more fact that when those writ petitions were posted along with the batch of other writ petitions wherein the

constitutionality of certain provisions of the Tamil Nadu Panchayat Act, 1994 (Act 21 of 1994) (hereinafter referred to ''as the Act'') and the

validity of certain provisions of the rules contained in the Tamil Nadu Panchayat Rules, 1995 (hereinafter referred to as ''the Rules''), these writ

petitions came to be separated by a special order in view of the fact that in these writ petitions, no provision of the act and the rules was

challenged. Hence, these writ petitions and the writ appeals are separately heard and decided by this common judgment.

Petitioners 2 to 52 in W.P. No. 13205 of 1995 and petitioners 2 to 7 in W.P. No. 132506 of 1995 are resident and taxpayers of

Thiruvalangadu Panchayat Union, Tiruttani Taluk, Chengai M.G.R. District, whereas first petitioner in both the writ petitions is a self-constituted

Grama Sabha of Kaverirajapuram Panchayat Union and Rajapalayam village respectively. As this Grama Sabha is not constituted under the Act

has no legal character nor it is a body registered under the Societies Registration Act, no cognizance of the same can be taken. However, it does

not affect the institution of the petitions, because there are individual rate payers-petitioners.

In these petitions, the petitioners have sought for quashing the Notification bearing No. 7 dated 12.5.1995 issued by the District Collector who

is also the Inspector as defined u/s 2(16) of the Act forming two village Panchayats, viz., Kaverirajapuram village and Rajapalayam village u/s 4(1)

of the Act. The contention of the petitioners is that they had filed objections for the proposal made by the Inspector for forming the village

Panchayats and those objections have not been considered, and without considering the objections, the impugned notification has been issued u/s

4(1) of the Act, forming the village Panchayat in question. Therefore, aggrieved by the aforesaid Notification, they have also preferred appeals

before the State Government under Sub-section (3) of Section 4 of the Act. Without deciding those appeals, the Inspector, village Panchayats and

the State Government are proceeding to hold the elections to the village panchayats in question. Hence, they have no option, but to approach this

Court for appropriate relief.

Learned Additional Government Pleader submits that the Notification was issued on 12.5.1995, the appeals were filed on 5.8.1995 and within

a week the writ petitions have been filed i.e., on 12.8.1995. Therefore, it cannot be said that the State Government and the Inspector have

proceeded to hold election, ignoring the appeals preferred by them. It is also contended by the petitioners that they have a right to be heard before

issuing the Notification u/s 4(1) of the Act, which contention is refuted by the learned Additional Government Pleader because, the objectors as

contemplated u/s 4(3) of the Act have no right to be heard. In view of this contention, though we would have disposed of these writ petitions with

a direction that the appeals filed by them decided within a particular period, it has become necessary for us to dwell, upon the scope and ambit of

Sub-sections (1) to (3) of Section 4 of the Act. Sub-sections (1) to (3) of Section 4 of the Act read as follows:

Formation of panchayat villages - (1) The Inspector, (a) shall, by notification, classify and declare every local area comprising a revenue village or

villages or any portion of a revenue village or contiguous portions of two or more revenue villages with a population estimated at not less than five

hundred as a panchayat village for the purposes of this Act; and (b) shall, by notification, specify the name of such panchayat village. 2(a) The

Inspector may, by notification, exclude from a panchayat Village any area comprised therein, provided that the population of the panchayat village

after such exclusion, is not less than five hundred.

(b) In regard to any area excluded under Clause (a), the Inspector shall by notification under Sub-section (1) declare it to be a panchayat village if

it has a population of not less than five hundred if its population is less than five hundred, include it in any contiguous panchayat village under Clause

(c)(i)

(c) The Inspector may, by notification, (i) include in a panchayat village any local area contiguous thereto; or (ii) cancel or modify a notification

issued under Sub-section (1); or (iii) after the name or any panchayat village specified under Sub-section (1).

(d) Before issuing a notification under Clause (a) or under Clause (b) read with Sub-section (1) or under Clause (c.) the Inspector shall give the

village panchayat or village panchayat which will be affected by the issue of such notification, a reasonable opportunity of showing cause against the

proposal and shall consider the explanation and objections, if any, of such village panchayat or village Panchayats.

(3) Any rate-payer or inhabitant of such area or any village panchayat concerned, may, if he or it objects to any notification under Sub-section (1)

or Sub-section (2), appeal to the Government within such period as may be prescribed.

Before considering the scope of Sub-sections (1) to (3) of Section 4 we may also point out that prior to coming into force of the Act, there were

village panchayats established throughout the State of Tamil Nadu under the provisions of the Tamil Nadu Panchayats Act 1958. These village

panchayats have been saved and continued under the provisions of Sub-section (3) of Section 255 of the Act. Therefore, on the date, the Act

came into force the panchayats were in existence. It is the territorial limits of these village panchayats and or panchayat villages that are tried to be

altered.

Sub-section (1) of Section 4 of the Act empowers the Inspector to classify and declare every local area, comprising in a village or villages or

any portion of a village or contiguous portions of two or more villages with a population estimated at not less than 500 as a panchayat village for

the purposes of the Act. However, he local area which has got a population of less than 500 can be declared as a panchayat village. It must

contain a minimum population of 500, it does not matter if it contains even more also. Such a classification and declaration has to be made through

a notification specifying the name of such panchayat village.

6.1. Sub-section (2) empowers the Inspector to exclude from an existing panchayat village any area comprised therein to make it a part of another

panchayat village, or, to declare it as an independent panchayat village, provided such exclusion of the area from a panchayat village does not

result in a panchayat village having a population less than 500. Thus, he has to ensure that even after exclusion of the area from panchayat village

the population of the remaining area of a panchayat village is not less than 500. As already pointed out, he can also notify it to be a panchayat

village, provided the area so carved cut from an existing panchayat village contains a population not less than 500. In the event the population is

less than 500, it can be included in a contiguous panchayat village. Clause (c) of Sub-section (2) of Section 4 of the Act further provides that the

Inspector may, by notification, include a panchayat village with any local area contiguous thereto by appropriate notification. He can cancel or

modify the notification issued under Sub-section (1) of Section 4 and can also alter the name of any panchayat village specified in such notification.

Thus, a reading of Sub-sections (1) and (2) of Section 4 of the Act discloses that the Inspector has been given ample power to form a panchayat

village or to alter its limits and the name, regroup panchayat villages, exclude a local area from a panchayat village and include the same in another

panchayat village or form another panchayat village, provided he ensures that the panchayat village has a population of not less than 500.

6.2. The Inspector is required to exercise this power reasonably and on the grounds relevant to the formation of panchayat villages, for the

purpose of the Act. Of-course, two conditions are mentioned in Sub-sections (1) and (2) of Section 4 of the Act, for exercise of the power, viz.,

ensuring the population of not less than 500 in a panchayat village and an area being contiguous and compact. In addition to this, the power has to

be exercised keeping in view the convenience of the people residing in a panchayat village and administrative requirements, coupled with special

circumstances or situations if any prevailing in a local area comprised in a panchayat village. It has also to be borne in mind that the exercise of the

power u/s 4(1) and (2) of the Act, is intended to serve the purpose of the Act, viz., to make a village panchayat, an institution of self-government

for effective implementation of the Rural Development Programmes.

6.3. Clause (d) of Sub-section (2) of Section 4 of the Act prescribes a procedure to be followed by the Inspector that before issuing a notification

under Clause (a) or Clause (b) read with Sub-section (1) or under Clause (c), he shall give notice to the village panchayat or village panchayats

which may be affected by the issue of such notification, affording reasonable opportunity of showing cause against the notification he proposes to

issue under Sub-sections (1) and (2) of Section 4 of the Act. The rate-payer is also entitled to put forth his objections if any to such proposed

notification. However, no rate payer is entitled to individual notice, only the village panchayat or village panchayats which is are going to be

effected is/are entitled to notice to snow cause against the proposed notification.

6.4. The word''s ''a reasonable opportunity of showing cause against the proposal and shall consider the explanations and objections'' occurring in

Clause (d) of Sub-section (2) of Section 4 of the Act enjoin a duty upon the Inspector not only to afford an opportunity of showing cause to the

village Panchayat or Village Panchayats but also afford an opportunity of hearing the village panchayat or village panchayats who file their

objections pursuant to the notice sent to them. Though Clause (d) of Sub-section (2) of Section 4 does not, in specific terms, state that an

opportunity of hearing should be afforded to the Village Panchayat or Village Panchayats who file their objections, but the expression ''reasonable

opportunity'' cannot be considered to be complete unless personal hearing is afforded to such Village Panchayat or village panchayats who filed

objections. It would not also be difficult to afford to them personal hearing, because the number of village panchayats who are going to be affected

in the event of alteration or inclusion or formation of village panchayat will not be many in respect of each proposal.

However, the objections filed by any rate-payer or inhabitant of such area need not be afforded personal hearing, but those objections may be

taken into consideration by the Inspector. The village panchayat or any rate-payer objecting to the notification under Sub-section (1) or Sub-

section (2) of Section 4 of the Act has right to appeal against the notification, to the State Government within such period as may be prescribed,

However, we are informed that no rule has been framed prescribing the period of limitation. The petitioners have preferred the appeals before the

State Government, but those appeals as per Sub-section (3) of Section 4 of the Act on 5.8.1995. The said appeals have not yet been decided. As

the petitioners have approached this Court within a week from the date of filing of appeal, there was no adequate time for the State Government to

decide the appeals. As the elections are not going to be held immediately, it is now open to the State Government to decide the appeals.

Therefore, we do not see any justification to grant the relief sought for in these writ petitions.

Accordingly, the writ petitions are disposed of in the following terms:

As the petitioners are rate-payers and as they are entitled to prefer the appeals under Sub-section (3) of Section 4 of the Act having filed their

objections to the Notification, the State Government is required to decide the appeals on merits and in accordance with law after affording an

opportunity of hearing them within a period of eight weeks from the date of receipt of this order. In view of the order passed in the writ petitions,

the appeals do not survive and the same are dismissed. No costs.