Jayanarayan Khandayat Ray and Others vs State of Orissa and Others

I.M. Quddusi, J.—By means of this writ application, the Petitioners who belong to Bajrakote area have raised their grievance against the decision of the State Government to merge the Bajrakote Grama Panchayat in the newly created Baunsagarh Grama Panchayat which is allegedly nothing but an output of the letter/suggestion made by the Minister for Steel (independent charge), Union of India and allegedly on extraneous considerations and contrary to the spirit of Section 3(3) of the Orissa Grama Panchayats Act, 1964 (for short ''the Act'').

We have heard the learned Counsel for the parties.

It appears that a notification dated 12.11.2001 has been issued by the State Government in exercise of the powers conferred by Section 3 read with Section 149 of the Act modifying the previous notification declaring village Bajrakote, Srikrishanpur, Khatribarpur, Sankhamula, Haripur, Chattpur, Samroda, Bounsagarh and Goudipada under Bounsagarh Grama Panchayat. The Petitioners had earlier also filed the writ application in this Court registered as O.J.C. No. 15366 of 2001 which was disposed of on 10.12.2001 with the direction to the Secretary, Panchayati Raj Department to dispose of their representation within two weeks as per law and as per guidelines observed by this Court in Pramod Kumar Bohidar and Others Vs. State of Orissa and Others, with the further direction that until disposal of the representations, unless there is notification for election of the concerned Grama Panchayats, reconstitution of the said Grama Panchayats shall remain stayed. It has been alleged that Barjakote Grama Panchayat is greater than Bounsagarh Grama Panchayat in area as well as in population. Therefore, there was no justification to merge Bajrakote Grama Panchayat with Bounsagarh Grama Panchayat and the merger is on the extraneous considerations.

Since we have noticed that the elections are to be held very shortly and for this purpose, the State Election Commission has started preparation of the electoral rolls, we fell that at this stage it will not be proper to consider the case on merit and it should be left upon the State Government to consider the case in the light of the direction already given by this Court as the representation of the Petitioners is liable to be considered in view of the directions already issued by this Court as we feel that it would not be proper at this stage to consider the question of demerger of the erstwhile Bajrakote Grama Panchayat from Bounsagarh Grama Panchayat.

Therefore, this writ application is disposed of with the direction to the State Government (O.P. No. 1 to consider the grievance of the Petitioners after the election of the Grama Panchayats are over in the light of the observations/directions issued by this Court in the aforementioned writ application.

N. Prusty, J.

I agree.