Case Note & Summary
The petitioners, Jadhav Shankar Dyandeo and Sapkal Sampat Bhau, were project-affected persons rehabilitated in Village Revadi. They sought formation of a separate village for rehabilitated villagers. On 6 August 1995, a notification under Section 4(1) of the Maharashtra Land Revenue Code, 1966 established a new village named Tambi Punarvasit. On 4 December 1999, a notification under Section 4(2) of the Bombay Village Panchayats Act, 1958 and Article 243(g) of the Constitution was published. On 12 January 2010, a notice in Form 'B' under Rule 5(2) of the Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966 was issued by the Collector (respondent no.1) on behalf of the Election Commission (respondent no.2) for Village Panchayat Tambi, inviting objections. The petitioners and others raised objections on 14 January 2010, and a notice under Section 80 of the Civil Procedure Code was issued on 18 January 2010. On 30 January 2010, the impugned order was passed by respondent no.1. The petitioners filed the writ petition in April 2010. The Assistant Commissioner of respondent no.2 filed an affidavit on 5 May 2010 admitting that 18 families from Village Revadi were included in Village Tambi to match population ratio under the MLR Code and because all civic facilities were provided by Village Tambi. The court considered the submissions and held that the inclusion was valid under Section 4(2) of the BVP Act and Article 243(g) of the Constitution, as the Collector's order was within powers and the reasons for inclusion were justified. The petition was dismissed.
Headnote
A) Constitutional Law - Local Self-Government - Village Panchayat Formation - Section 4(2) of Bombay Village Panchayats Act, 1958 and Article 243(g) of Constitution of India, 1950 - The court considered whether the inclusion of 18 families from Village Revadi into Village Tambi for ward formation was valid. The court held that the Collector's order was within powers under Section 4(2) of the BVP Act and Article 243(g) of the Constitution, as the inclusion was necessary for population ratio and civic facilities. (Paras 2-4)
B) Election Law - Ward Formation - Objections - Rule 5(2) of Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966 - The petitioners raised objections to the proposed ward formation, but the court found no merit as the inclusion was justified by the respondents. (Para 3)
Issue of Consideration
Whether the inclusion of 18 families from Village Revadi into Village Tambi for the purpose of ward formation and election is valid under the Bombay Village Panchayats Act, 1958 and the Constitution of India.
Final Decision
The petition is dismissed. The order dated 30 January 2010 passed by respondent no.1 on behalf of respondent no.2 is upheld.
Law Points
- Interpretation of Section 4(2) of Bombay Village Panchayats Act
- 1958
- Article 243(g) of Constitution of India
- 1950
- Rule 5(2) of Bombay Village Panchayats (Number of Members
- Divisions into Wards and Reservation of Seats) Rules
- 1966
- Section 4(1) of Maharashtra Land Revenue Code
Case Details
2010 LawText (BOM) (09) 24
Writ Petition No. 3545 of 2010
D. D. Sinha, Mrs. Mridula Bhatkar
U. P. Warunjikar for Petitioners, Mrs. M. P. Thakur – AGP for Respondent No. 1, Mr. S. S. Shetye for Respondent No. 2
Jadhav Shankar Dyandeo and Sapkal Sampat Bhau
The Collector at Satara and The Election Commission Maharashtra
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Nature of Litigation
Writ petition challenging the order of the Collector including 18 families from Village Revadi into Village Tambi for ward formation and election.
Remedy Sought
Petitioners sought quashing of the order dated 30 January 2010 passed by respondent no.1 on behalf of respondent no.2.
Filing Reason
Petitioners, being project-affected persons rehabilitated in Village Revadi, objected to the inclusion of 18 families from Village Revadi into Village Tambi for ward formation, claiming it was arbitrary.
Issues
Whether the inclusion of 18 families from Village Revadi into Village Tambi for ward formation is valid under the Bombay Village Panchayats Act, 1958 and the Constitution of India.
Submissions/Arguments
Petitioners argued that the inclusion of 18 families from Village Revadi into Village Tambi was arbitrary and against their interests.
Respondents submitted that the inclusion was necessary to match population ratio under the MLR Code and because all civic facilities were provided by Village Tambi.
Ratio Decidendi
The inclusion of 18 families from Village Revadi into Village Tambi for ward formation is valid under Section 4(2) of the Bombay Village Panchayats Act, 1958 and Article 243(g) of the Constitution of India, as the Collector's order was within powers and the reasons for inclusion (population ratio and civic facilities) were justified.
Judgment Excerpts
Counsel for the petitioners has submitted that the petitioners are project affected persons, who became landless and were rehabilitated in Village Revadi by allotting an area admeasuring about 4000 sq. ft. each.
The Assistant Commissioner of respondent no.2 filed his affidavit dated 5th May 2010 and admitted that 18 families who were residing in Village Revadi were included in Village Tambi since such inclusion was necessary so as to match the population ratio as provided under MLR Code.
Procedural History
On 6 August 1995, notification under Section 4(1) of MLR Code established new village Tambi Punarvasit. On 4 December 1999, notification under Section 4(2) of BVP Act and Article 243(g) of Constitution was published. On 12 January 2010, notice in Form 'B' under Rule 5(2) of BVP Rules, 1966 was issued. Objections raised on 14 January 2010. Notice under Section 80 CPC on 18 January 2010. Impugned order passed on 30 January 2010. Petition filed in April 2010. Affidavit filed on 5 May 2010. Judgment pronounced on 1 September 2010.
Acts & Sections
- Bombay Village Panchayats Act, 1958: Section 4(2)
- Constitution of India, 1950: Article 243(g)
- Maharashtra Land Revenue Code, 1966: Section 4(1)
- Bombay Village Panchayats (Number of Members, Divisions into Wards and Reservation of Seats) Rules, 1966: Rule 5(2)
- Code of Civil Procedure, 1908: Section 80
