Rajasthan High Court - Jaipur
Ramji Lal Gautam Son Of Late Shri Ramnath ... vs State Of Rajasthan on 12 September, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15458/2019
1. Ramji Lal Gautam Son Of Late Shri Ramnath Gautam,
Aged About 62 Years, Village Sripura, Tehsil Malarna
Dungar, Gram Panchayat Taranpur, Panchayat Samiti
Bonli, District Sawai Madhopur.
2. Shiv Ram Meena Son Of Shri Bhairu Lal Meena, Aged
About 68 Years, Village Sripura, Tehsil Malarna Dungar,
Gram Panchayat Taranpur, Panchayat Samiti Bonli, District
Sawai Madhopur.
3. Gyarasi Lal Panwar Son Of Late Shri Mishri Lal Panwar,
Aged About 68 Years, Village Sripura, Tehsil Malarna
Dungar, Gram Panchayat Taranpur, Panchayat Samiti
Bonli, District Sawai Madhopur.
4. Samunder Singh Meena Son Of Late Shri Kanaram
Meena, Aged About 50 Years, Village Sripura, Tehsil
Malarna Dungar, Gram Panchayat Taranpur, Panchayat
Samiti Bonli, District Sawai Madhopur.
5. Radhey Shyam Meena Son Of Shri Prahlad Meena, Aged
About 42 Years, Village Sripura, Tehsil Malarna Dungar,
Gram Panchayat Taranpur, Panchayat Samiti Bonli, District
Sawai Madhopur.
----Petitioners
Versus
1. State Of Rajasthan, Through The Additional Chief
Secretary, Department Of Rural Development And
Panchayatiraj, Secretariat, Jaipur.
2. The Secretary And Commissioner, Department Of Rural
Development And Panchayatiraj, Secretariat, Jaipur.
3. The District Collector, Sawai Madhopur.
4. The Chief Executive Officer, Zila Parishad, Sawai Madhpur.
5. The Sub-Divisional Officer, Malarna Dungar, Panchayat
Samiti Bonli, District Sawai Madhopur.
----Respondents
For Petitioner(s) : Mr. Ashish Saksena
For Respondent(s) : Ms. Sheetal Mirdha, AAG
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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 12/09/2019
1. The petitioners of this writ petition pray as under:
"(i) An appropriate writ, order or direction to the respondents for establishment of newly proposed Gram Panchayat at Village Sripura {presently under Gram Panchayat - Taranpur}, Panchayat Samiti Bonli, District Sawai Madhopur and further to quash any other Proposal / Decision for constitution of Village Aniyala as Gram Panchayat, if finalized, during pendency of the writ petition.
(ii) An appropriate writ, order or direction to the respondents, to quash any adverse order, if passed during the pendency of the writ petition frustrating the cause of instant writ petition.
(iii) Any other appropriate writ, order or direction to the respondents, which this Hon'ble court deems just and proper in the circumstances of the case.
(iv) Cost of the writ petition."
2. From the perusal of the prayer clause aforesaid, it is apparent that the petitioners seek a direction that this Court should interfere with the administrative work of the executive and the Legislature. The Indian Constitution has clearly defined the scope of jurisdiction relating to the Judiciary.
Limitation and delimitation of areas for the purpose of formation of Gram Panchayat(s) is in the exclusive domain of the State Government. Actions and decisions taken thereof would not be amenable to judicial review under Article 226 of the Constitution of India unless mala fides are alleged or there is illegality or lack of power.
The powers of this Court under Article 226 is essentially with regard to redressal of grievances and restoration of rights of the citizens, which would have been taken away or harmed on account of action of the State.
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3. The functions of the State Government with regard to formation of Gram Panchayat or demarcation of an existing Gram Panchayat, are such which do not take away any fundamental or legal right of an individual. Thus, the writ petition would not lie.
4. This Court has also earlier taken a similar view in the case of Feliram Bairwa and Ors. Vs. State of Rajasthan and Ors.:
SBCWP No. 14992/2019, decided on 04.09.2019. Division Bench of this Court in DB Civil Writ Petition No. 8157/2014:
Mushe Khan & Anr. Vs. State of Rajasthan & Ors., decided on 19.12.2014 holding that the mandate of Article 243-O(a) Constitution of India read with Section 117 of the Act of 1994, provides a bar on the interference by the Courts in respect of delimitation of constituencies. Similar principle would apply in the present case also.
5. In view thereof, this writ petition is dismissed with costs as the same is found to be wholly frivolous as law has already been settled by this Court. Time and again, this Court finds that writ petition are being filed whether the law has already been settled by this Court attempting the second innings, which cannot be allowed. Accordingly, present writ petition is dismissed with a cost of Rs.25,000/- to be deposited with Rajasthan State Legal Services Authority, Jaipur.
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