By way of the present writ petition, the petitioners have challenged the recommendation of the Collector, which was sent in furtherance of the
recommendation dated 3.9.2019 made by the SDO. The contentious recommendation is reproduced hereinfra:
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The facts in brief for the present purposes are that the State Government issued a proposal dated 12.7.2019, whereby a new Gram Panchayat Saredi
was proposed to be constituted, comprising of village Saredi, Gundali Kheda, Saredi Ka Kheda, Bawarlon Ka Kheda, Ganeshpura, Thikariya Kheda,
Mohanpura and Ralayata.
In response to the proposal so made, the petitioners and other villagers/persons concerned filed their objections.
After considering the objections, the District Collector has however proposed Barawalo Ka Kheda as a new Gram Panchayat instead of Gram
Panchayat ‘Saredi’.
Learned counsel for the petitioner argued that the District Collector was not justified in making recommendation of creation of new Gram Panchayat
in the name of ‘Gram Panchayat Barawalo Ka Kheda’, as the objections were invited in relation to the proposal of creation of new Gram
Panchayat ‘Saredi’. Learned counsel relied upon the judgment dated 22.10.2019 rendered in the case of Jabbar Singh & Ors. Vs. State of Raj
& Ors. (SBCWP NO.14359/2019) and argued that the recommendation made by the District Collector is per-se illegal, inasmuch as the
recommendation cannot be made for creation of a Gram Panchayat, which was not at all proposed in the original notification inviting objections.
Mr. Beniwal, learned AAG supporting the decision of the respondents contended that the decision to create new Gram Panchayat in the name of
Barawalo Ka Kheda has been taken keeping in view the convenience of the villagers and geographical condition of the village Barawalo Ka Kheda.
Having considered the submissions made by the rival parties at bar, this Court has no hesitation in holding that impugned recommendation made by the
District Collector is per -se arbitrary and contrary to law. In an exercise to be undertaken under Section 101 of the Rajasthan Panchayati Raj Act, the
District Collector cannot make a recommendation of an altogether new Gram Panchayat, which was not envisioned in the initial notification inviting
objections.
Indisputably, at the time of issuance of notification dated 12.7.2019, Gram Panchayat ‘Saredi’ was proposed to be a new Gram Panchayat,
whereas the District Collector has recommended new Gram Panchayat at ‘Barawalo Ka Kheda’.
In view of the clear statutory provisions, this writ petition is allowed. The recommendation made by the District Collector recommending new Gram
Panchayat ‘Barawalo Ka Kheda’ is quashed and set aside.
Needless to observe that the State Government will be free to constitute Gram Panchayat ‘Saredi’ or introduce a new proposal for creation of
new Gram Panchayat for these villages, in accordance with law.
The stay application also stands disposed of accordingly.
