Rajasthan High Court - Jodhpur
Pankaj Panwar vs The State Of Rajasthan ... on 6 May, 2025
[2025:RJ-JD:21610-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 8177/2025
1. Pankaj Panwar son of Shri Narendra Panwar, aged about
28 years, resident of Ward No. 21, Indra Colony,
Raniwada-Kalla, Tehsil -Raniwada, District -Jalore,
Rajasthan, (Hall Ward Member, Nagarpalika, Raniwada,
District -Jalore, Rajasthan)
2. Mohd Iqbal son of Bali Mohammed aged about 37 years,
resident of Ward No. 20 Rainwada Kalla Tehsil Raniwada
District Jalore Rajasthan (Hall Ward Member Nagar Palika
Raniwada District Jalore Rajasthan)
----Petitioners
Versus
1. The State of Rajasthan, through the Principal Secretary
Department of Local Self Governemnt Government of
Rajasthan C Scheme, Jaipur
2. The Director-Cum-Special Secretary, Department of Local
Bodies, Government of Rajasthan, Jaipur, Rajasthan
3. The Dy. Director (Regional), Department of Local Bodies
Jaipur, Rajasthan
4. The District Election Officer, (Municipality) Collector Jalore
5. The Sub Division Officer, Raniwada District Jalore,
Rajasthan
----Respondents
For Petitioner(s) : Mr. S.P. Sharma, Advocate
For Respondent(s) : Mr. Rajesh Panwar, Sr. Adv. & AAG
assisted by Mr. Ayush Gehlot,
Advocate
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA Order 06/05/2025 Challenging the Government Notification dated 26th March 2025 issued by the authority of the Governor of Rajasthan (under the signature of the Director-cum-Special Secretary, Department of Local Bodies), Pankaj Panwar and Mohd. Iqbal have come to this Court pleading that the said (Downloaded on 23/05/2025 at 10:03:21 PM) [2025:RJ-JD:21610-DB] (2 of 9) [CW-8177/2025] Notification dated 26th March 2025 is ultra vires to Articles 14, 15, 21 and 243Q of the Constitution of India.
2. Briefly stated, the population of Gram Panchayat Raniwada was 12,598 as per 2011 census and the entire area falling under the said Gram Panchayat was brought within the Municipality area. By a Government Notification dated 20 th May 2022, Gram Panchayat Raniwada was declared as Class-IV category Municipality with the same boundary. The Government Notification dated 20th May 2022 was issued in the following terms :-
jktLFkku ljdkj Lok;r 'kklu foHkkx] jkt- t;iqj Øekad % i-10 ¼u-ik-½¼xBu½¼ ½ Mh,ych@22@1961 fnukad 20@05@2022 vf/klwpuk foHkkxh; vf/klwpuk Øekad 351 fnukad 19-02-2021 ds }kjk Hkkjr ds lafo/kku ds vuqPNsn 243 Fk ds [k.M ¼2½ ,oa jktLFkku uxj ikfydk vf/kfu;e] 2009 ¼2009 dk vf/kfu;e la- 18½ dh /kkjk 3 dh mi&/kkjk ¼1½ ds [k.M ¼d½ (i) ,oa mi&/kkjk ¼8½ ds [k.M ¼x½ lifBr /kkjk 329 ds vUrxZr iznRr 'kfDr;ksa dk iz;ksx djrs gq, ,oa ekudksa dks n`f"Vxr j[krs gq, jkT; ljdkj fuEukafdr lEiw.kZ xzke iapk;r jkuhokM+k {ks= ¼ftyk tkykSj½ dks ,rn~ }kjk rRdky izHkko ls prqFkZ Js.kh dh uxj ikfydk ?kksf"kr djrh gS %& Ø- l- ftyk uoxfBr uxj uoxfBr uxjikfydk esa 'kkfey xzke iapk;r lhek {ks= ikfydk dk uke 01- TkkykSj jkuhokM+k xzke iapk;r jkuhokM+k ds laiw.kZ {ks= ¼tula[;k&12]598½ tux.kuk 2011 ds vuqlkj ekuuh; eq[; ea=h egksn; ds ctV izLrko 2022&23 ds vUrxZr xzke iapk;r jkuhokM+ ¼ftyk tkykSj½ dh fo/keku lhek,a gh uoxfBr uxj ikfydk dh LFkkuh; lhek,a jgsxhA ;g vkns'k l{ke Lrj ls vuqeksfnr gSA jkT;iky dh vkKk ls ¼âns'k dqekj 'kekZ½ funs'kd ,oa la;qDr lfpo English Translation :-
Government of Rajasthan Department of Self-Governance, Rajasthan. Jaipur No.: P.10 (Municipality)(Formation)( ) DLB/22/1961 dated 20/05/2022 Notification By Departmental Notification No. 351 dated 19.02.2021, exercising the powers conferred under clause (2) of Article 243D of the Constitution of India and clause (a) (i) of sub-section (1) of section 3 of the Rajasthan Municipality Act, 2009 (Act No. 18 of 2009) and clause (c) of sub-section (8) read with (Downloaded on 23/05/2025 at 10:03:21 PM) [2025:RJ-JD:21610-DB] (3 of 9) [CW-8177/2025] section 329 and keeping in view the standards, the State Government hereby declares the entire following Gram Panchayat Raniwada area (District Jalore) as a fourth class municipality with immediate effect:-
S.No. District Name of the newly Gram Panchayat boundary area formed municipality included in the newly formed municipality
01. Jalore Raniwada Entire area of Gram Panchayat Raniwada (population-12,598) as per Census 2011 Under the budget proposal of the Honorable Chief Minister for 2022-23, the existing boundaries of Gram Panchayat Raniwad (District Jalore) will be the local boundaries of the newly formed municipality. This order is approved by the competent level.
With the permission of the Governor (Hridesh Kumar Sharma) Director and Joint Secretary
3. According to the petitioners, the Sub-divisional Officer at Raniwada started the process for creating 20 wards in the erstwhile Gram Panchayat Raniwada and for that purpose a notice inviting objection was published on 27th March 2025. The petitioners have produced on record the copies of notifications pertaining to Gram Panchayats Jhakhal and Dundlod both dated 02nd September 2024 to demonstrate that similar exercises were undertaken in other Gram Panchayats. However, the said process was abruptly halted because the Government Notification dated 26th March 2025 came to be issued and thereby the previous Notification dated 20th May 2022 was withdrawn. Criticizing the Government action in withdrawing the Notification dated 20 th May 2022, the petitioners have pleaded that the Gram Panchayats with lesser population such as the Gram Panchayat Jhakhal and Gram Panchayat Dundlod are left untouched whereas a decision in respect of the Gram Panchayat Raniwada has been taken in the most arbitrary manner to reverse the declaration made under the (Downloaded on 23/05/2025 at 10:03:21 PM) [2025:RJ-JD:21610-DB] (4 of 9) [CW-8177/2025] Government Notification dated 20th May 2022 that the said Gram Panchayat shall constitute a Municipal Council.
4. The Government Notification dated 26th March 2025 issued by the Director-cum-Special Secretary, Department of Local Bodies Jaipur reads as under:
jktLFkku ljdkj Lok;r 'kklu foHkkx] jkt- t;iqj Øekad % ,Q 10 ¼u-ik-½¼xBu½¼ ½¼c-?kks-½Mh,ych@24@7751 fnukad 26@03@2025 vf/klwpuk foHkkxh; vf/klwpuk Øekad 351 fnukad 19-02-2021 ds Øe esa Hkkjr ds lafo/kku ds vuqPNsn 243 Fk ds [k.M ¼2½ ,oa jktLFkku uxj ikfydk vf/kfu;e 2009] ¼2009 dk vf/kfu;e la- 18½ dh /kkjk 3 dh mi/kkjk ¼1½ ds [k.M ¼d½ (i) ,oa mi&/kkjk ¼8½ ds [k.M ¼x½ lifBr /kkjk 329 ds vUrxZr iznRr 'kkfDr;ksa dk iz;ksx djrs gq, ,oa ekudksa dks n`f"Vxr j[krs gq,] jkT; ljdkj xzzke iapk;r jkuhokM+k ftyk tkykSj ds {ks= dks lfEefyr djrs gq, foHkkxh; vf/klwpuk Øekad i-10 ¼u-ik- ½ ¼xBu½ ¼½ ¼c-?kks-½ Mh,ych@23@1261 fnukad 20-05-2022 ds }kjk prqFkZ Js.kh dh uxj ikfydk ?kksf"kr fd;k x;k Fkk] lkFk gh foHkkxh; vf/klwpuk Øekad 2025 fnukad 01-06-2021 ds vUrxZr xzke iapk;r jkuhokM+k ds fuokZfpr ljiap@miljiap dks Øe'k% v/;{k] mik/;{k ,oa okMZ iapksa dks okMZ lnL; le>k tkus gsrq funsZf'kr fd;k x;k FkkA vr% jktLFkku uxj ikfydk vf/kfu;e 2009 ¼2009 dk vf/kfu;e la- 18½ dh /kkjk 3 dh mi/kkjk ¼1½ ds [k.M ¼d½ (i) ,oa mi&/kkjk ¼8½ ds [k.M ¼x½ lifBr /kkjk 329 ds vUrxZr iznRr 'kfDr;ksa dk iz;ksx djrs gq, foHkkxh; vf/klwpuk Øekad i-10 ¼u-ik- ½ ¼xBu½ ¼ ½ ¼c-?kks-½ Mh,ych@23@1261 fnukad 20-05-2022 dks iz'kklfud dkj.kksa ls ,rn~}kjk rRdky izHkko ls izR;kgkfjr ¼Withdraw½ fd;k tkrk gSA uxjikfydk jkuhokM+k ¼ftyk tkykSj½ ds {ks= esa lfEefyr xzke iapk;rsa ,oa jktLo xzke iwoZor iapk;r dk Hkkx jgsaxs rFkk xzke iapk;r jkuhokM+k ;Fkkor dk;Zjr jgsxhA ;g vkns'k l{ke Lrj ls vuqeksfnr gSA jkT;iky dh vkKk ls ¼bUnzthr flag½ funs'kd ,oa fof'k"V 'kklu lfpo English Translation :-
Government of Rajasthan Self-Government Department, Raj. Jaipur No.: F 10 (Municipality)(Formation)( )(B.G.)DLB/24/7751 dated 26/03/2025 In continuation of the Departmental Notification No. 351 dated 19.02.2021, exercising the powers conferred under clause (2) of Article 243D of the Constitution of India and clause (a) (i) of sub-section (1) of section 3 and clause (c) of sub-section (8) of section 3 read with section 329 of the Rajasthan Municipality Act 2009, (Act No. 18 of 2009) and keeping in view the standards, the State Government is pleased to make the Departmental Notification No. F.10 (Municipality)(Formation)( )(B.G.)DLB/23/1261 dated 26.03.2021 by including the area of Gram Panchayat Raniwara District Jalore.
It was declared as a fourth class municipality by 20.05.2022, and also under the departmental notification number 2025 dated 01.06.2021, the elected Sarpanch/Upsarpanch of Gram Panchayat Raniwada were directed to be (Downloaded on 23/05/2025 at 10:03:21 PM) [2025:RJ-JD:21610-DB] (5 of 9) [CW-8177/2025] considered as Chairman, Vice Chairman and Ward Panchs as ward members respectively.
Therefore, exercising the powers conferred under clause (a) (i) of sub- section (1) of section 3 and clause (c) of sub-section (8) read with section 329 of the Rajasthan Municipality Act 2009 (Act No. 18 of 2009), the departmental notification number P.10 (Municipality) (Constitution) ( ) (B.G.) DLB/23/1261 dated 20.05.2022 is hereby withdrawn with immediate effect for administrative reasons. The Gram Panchayats and Revenue Villages included in the area of Nagalpanagar Raniwada (District Jalore) will remain part of the Panchayat as before and the Gram Panchayat Raniwada will continue to function as before.
This order is approved by the competent level.
With the order of the Governor (Indrajit Singh) Director and Special Administrative Secretary
5. Mr. S.P. Sharma, the learned counsel for the petitioners submits that creation of a Nagar Panchayat or a Municipal Council or a Municipal Corporation is not a 2-way process inasmuch as once a decision is taken to create a Municipal Council for a smaller urban area or a Municipal Corporation for a larger urban area, the said decision cannot be reversed and the newly constituted Nagar Panchayat has to be restored to its original position.
6. In support of his submissions, Mr. S.P. Sharma, the learned counsel for the petitioners relies on a decision of this Court in "Motan Das & Ors. v. State of Rajasthan & Ors." vide D.B. Civil Writ Petition No.20142 of 2024 and connected matters.
7. In the first place, we would indicate that in "Motan Das" and batch cases a specific ground was raised that the impugned Notifications were issued in breach of natural justice. However, such challenge to the impugned notifications was not accepted by the Court and the writ petitions were dismissed. In paragraph no.20 of the said case, the Co-ordinate Bench of this Court held as under:
"20. This Court observes that the notifications impugned in the present writ petitions were issued in accordance with Article 243- (Downloaded on 23/05/2025 at 10:03:21 PM) [2025:RJ-JD:21610-DB] (6 of 9) [CW-8177/2025] Q of the Constitution of India & Section 3 of the Act of 2009 and without any deviation from the principles of natural justice. Resultantly, the impugned notifications do not suffer from any illegality, so as to warrant any interference by this Court in the present adjudicatory pursuit."
8. The provisions under Article 243Q of the Constitution of India read as under:
"243Q. Constitution of Municipalities (1) There shall be constituted in every State,--
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area.
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township.
(2) In this article, 'a transitional area', 'a smaller urban area' or 'a larger urban area' means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part."
9. Clause 2 to Article 243Q of the Constitution of India provides that the Governor of the State shall decide what shall constitute a transitional area or a smaller urban area or a larger urban area. It is also provided under Clause 2 that while taking a decision with respect to any such area the Governor shall have due regard to
(i) population of the area, (ii) density of the population,
(iii) revenue generated for local administration, (iv) percentage of employment in non-agricultural activities, (v) economic importance or (vi) such other factors as he may deem fit. Quite clearly, it is not only the population of the area which shall be the (Downloaded on 23/05/2025 at 10:03:21 PM) [2025:RJ-JD:21610-DB] (7 of 9) [CW-8177/2025] determinative factor rather there shall be host of other factors that the Governor shall take into consideration before making a declaration under Clause 2 to Article 243Q of the Constitution of India. We would also refer to section 3 of the Rajasthan Municipalities Act, 2009 which provides that the State Government may, by notification published in the Official Gazette, declare any local area not included within the limits of a Municipality to be a Municipality, or include any such area in a Municipality, or exclude any local area from a Municipality, or otherwise alter the limits of any Municipality. It is provided that the provisions under the Rajasthan Municipalities Act shall have over-riding effect notwithstanding any provision contained thereunder or in the Rajasthan Panchayati Raj Act, 1994 or any other law for the time being in force. We may also refer to section 101 which provides that the State Government may at any time after one month's notice published in the prescribed manner either on its own emotion or at the request made in this behalf and by a notification published in the Official Gazette (a) declare the whole or a part of any local area included within the limits of a Municipality to be a panchayat circle or (b) include in a panchayat circle and such local area or a part thereof, or as the case may be, any local area included within the limits of another panchayat circle or (c) otherwise alter the limits of a panchayat circle by amalgamating one panchayat circle into another or by splitting up a panchayat circle into two or more panchayat circles. In "Parmar Samantsinh Umedsinh v. State of Gujarat & Ors." (2022) 15 SCC 364, the Hon'ble Supreme Court observed that the power of the State Legislature in the light of enabling provisions in the Constitution (Downloaded on 23/05/2025 at 10:03:21 PM) [2025:RJ-JD:21610-DB] (8 of 9) [CW-8177/2025] with regard to framing of laws cannot be whittled down by way of restrictive interpretation. The Supreme Court further observed that the power of the State to legislate within its legislative competence is plenary and the same cannot be curtailed in the absence of an express limitation placed on such power in the Constitution.
10. The impugned Notification clearly mentions that the same has been issued under the authority of the Governor of Rajasthan. The Notification dated 20th May 2022 was also issued under the authority of the Governor of Rajasthan. Section 21 of the General Clauses Act provides that a power to make rules includes a power exercisable in the like manner and subject to the like sanction and conditions, if any, to add, to amend, to vary or rescind any rules so made. In "Rasid Javed & Ors. v. State of Uttar Pradesh & Anr." (2010) 7 SCC 781, the Hon'ble Supreme Court observed that the authority which has power to issue a notification has undoubted power to rescind or modify it in the like manner. In paragraph no.(1) of the reported judgment in "Shree Sidhbali Steels Limited & Ors. v. State of Uttar Pradesh & Ors." (2011) 3 SCC 193, the Hon'ble Supreme Court observed as under:-
"41. By virtue of Sections 14 and 21 of the General Clauses Act, when a power is conferred on an authority to do a particular act, such power can be exercised from time to time and carries with it the power to withdraw, modify, amend or cancel the notifications earlier issued, to be exercised in the like manner and subject to like conditions, if any, attached with the exercise of the power. It would be too narrow a view to accept that chargeability once fixed cannot be altered. Since the charging provision in the Electricity (Supply) Act, 1948 is subject to the State Government's power to issue notification under Section 49 of the Act granting rebate, the State Government, in view of Section 21 of the General Clauses Act, can always withdraw, rescind, add to or modify an exemption notification. No industry can claim as of right that the Government should exercise its power under Section 49 and offer rebate and it is for the Government to decide whether the conditions are such that rebate should be granted or not."(Downloaded on 23/05/2025 at 10:03:21 PM)
[2025:RJ-JD:21610-DB] (9 of 9) [CW-8177/2025]
11. In that view of the matter, we see no reason to interfere in this matter and, accordingly, D.B. Civil Writ Petition No.8177 of 2025 is dismissed.
12. Stay petition also stands dismissed.
(CHANDRA SHEKHAR SHARMA),J (SHREE CHANDRASHEKHAR),J 7-T.Singh/-
Whether fit for reporting: Yes/No
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