Madan Pandurang Golekar v. State of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO. 6853 OF 2025 Madan Pandurang GolekarAge : 50 years, Occ : Agri.,R/o Kharda, Tq. Jamkhed, Dist. Ahilyanagar.… PETITIONER...VERSUS...

State of Maharashtra, through Principal Secretary, Rural Development Department, Mantralaya, Mumbai2.Divisional Commissioner, Nashik Division, Nashik, Dist. Nashik. 3. Kharda Village Panchayat Kharda, Tq. Jamkhed, Dist. Ahilyanagarthrough its Village Development Officer.… RESPONDENTS_______________________________________________________________•Mr. Shambhu Raje Deshmukh h/f Mr. M.S. Deshmukh, Advocatefor Petitioner•Mr. A.V. Lavte, AGP for Respondent/State_______________________________________________________________…CORAM:NITIN B. SURYAWANSHI ANDVAISHALI PATIL – JADHAV, JJ.DATED:APRIL 02, 2026J U D G M E N T [Per Nitin B. Suryawanshi, J.] :.Rule. Rule made returnable forthwith. Heard finally withthe consent of learned advocates for the parties.sga 1/11

6853.2025WP2.odt2.This petition filed by a duly elected member of respondentno.3 - Village Panchayat, Kharda (Shivpattan) (for short, "V.P. Kharda")challenges order dated 13.02.2025 passed by respondent no.1 - RuralDevelopment Department, thereby rejecting the proposal for bifurcationof V.P. Kharda into two independent separate Village Panchayats i.e. atvillage Nagobachiwadi and at village Daradwadi, respectively. Thepetitioner also seeks direction to issue notification for division ofrespondent no.3 - Village Panchayat and to constitute two independentseparate Village Panchayats at Nagobachiwadi and Daradwadirespectively, within stipulated period. 3. Factual matrix of the case is as follows :-Respondent no.3 - V.P. Kharda consists of village Kharda and otherfour villages, namely Nagobachiwadi, Mungewadi, Daradwadi and Pandharewadi. Last general election of respondent no.3 was held on15.01.2021 and the first meeting was held on 09.02.2021. VillageNagobachiwadi and village Daradwadi are declared revenue villages. The distance between respondent no.3 - V.P. Kharda and villageNagobachiwadi is 5 kms whereas, the distance between village Khardaand Mungewadi is 8 kms. Village Daradwadi is at a distance of 3.6 kmsfrom village Kharda. sga 2/11

On 12.07.2023, residents of Nagobachiwadi and Daradwadiraised a demand to have two independent separate village panchayatsat Nagobachiwadi and Daradwadi. A special Gram Sabha of respondentno.3 - V.P. Kharda was held on 24.07.2023, wherein resolution no.2 waspassed to constitute two separate village panchayats, namelyNagobachiwadi-Mungewadi and Daradwadi-Pandharewadi. In themeeting dated 28.07.2023, the proceedings of the meeting dated24.07.2023 were confirmed. Thus, resolution no.2 in respect ofbifurcation of V.P. Kharda into two village panchayats stood confirmed. 4. As per procedure, the said resolution and proposal forbifurcation of V.P. Kharda into two Village Panchayats were forwarded to Panchayat Samiti, Jamkhed. The Block Development Officer on31.08.2023 recommended the said proposal as it complied the criteriasmentioned in the Government Resolution dated 12.02.2004 stating thatthe proposal complies with all criterias mentioned in the saidGovernment Resolution. Administrator of Standing Committee/ChiefExecutive Officer of Zilla Parishad on 05.10.2023 favourablyrecommended the said proposal and forwarded it to respondent no.2 -Divisional Commissioner. sga 3/11

6853.2025WP2.odt5.The Divisional Commissioner on 31.10.2023 recommendedbifurcation of V.P. Kharda into two village panchayats by stating that theproposal was scrutinized and on scrutiny, the proposal was found to bein compliance with all the criteria laid down in Government Resolutiondated 12.02.2004. Nagobachiwadi and Daradwadi are revenue villages. As per 2011 Census, population of Kharda is 8998, population of Nagobachiwadi is 710 and Mungewadi is 492. Population of Daradwadiis 618 and Pandharewadi is 1052. The proposal also fulfills the distancecriteria mentioned in the said Government Resolution. There arefavourable recommendations from the Block Development Officer and Chief Executive Officer. Resolution for bifurcation and creation of twoseparate village panchayats is passed by special Gram Sabha on24.07.2023 as per resolution no.2 and the said resolution is confirmedin the monthly meeting dated 28.07.2023, therefore, the proposal wasfavourably recommended and forwarded to respondent no.1. 6. Respondent no.1, vide communication dated 01.12.2023addressed to the Chief Executive Officer raised certain queries about thedistance between Nagobachiwadi-Mungewadi and Daradwadi-Pandharewadi. Information was also called as to how much revenuewas deposited by Mungewadi and Pandharewadi villages and detailinformation about the Gat Numbers in Daradwadi, Pandharewadi, sga 4/11

Nagobachiwadi and Mungewadi was called. By communication dated15.03.2024, respondent no.1 informed the Chief Executive Officer thaton scrutiny of the proposal and taking into consideration the distancebetween V.P. Kharda and Pandharewadi and Daradwadi to Pandharewadi, it is not feasible to create new Gram Panchayat at Pandharewadi. Report in that behalf was called. The Chief ExecutiveOfficer submitted report dated 23.04.2024 and reiterated hisrecommendation. 7. Respondent no.1 by communication dated 14.08.2024asked respondent no.2 to give clear recommendation for bifurcation. Bycommunication dated 08.12.2024, respondent no.2 Commissionerforwarded the clear recommendation to respondent no.1. By theimpugned order dated 13.02.2025, the said proposal is returned back torespondent no.2 stating that "सादर केलेल्या प्रस्तावास शासन स्तरावर मान्यताप्राप्त नाही. सबब, सदरचा प्रस्ताव परत पाठविवण्यात येत आहे." (Proposal submittedby you is not approved at the Government level. Hence, the saidproposal is returned back). The petitioner is aggrieved by this order. 8. Heard learned Advocate for the petitioner, learnedAdvocate for respondent no.3 and learned A.G.P. for respondent nos.1and 2 at length. sga 5/11

6853.2025WP2.odt9.By relying upon the affidavit-in-reply filed by respondentnos.1 and 2, Learned A.G.P. has strenuously opposed the petition. Learned Advocate for respondent no.3 has supported the petition. 10. Before considering the rival submissions, it would beapposite to consider the relevant provisions governing the issue raisedin this petition. 11. Article 243-(b) defines "Gram Sabha" - means a bodyconsisting of persons registered in the electoral rolls relating to a villagecomprised within the area of Panchayat at the village level. Article 243-(d) defines "Panchayat"- means an institution (by whatever namecalled) of self government constituted under Article 243B, for the ruralareas. Article 243(g) defines "Village" - means a village specified by the Governor by public notification to be a village for the purpose of this Part-IX of Constitution of India and includes a group of villages sospecified. The constitution of Panchayat is provided under Article 243B.Article 243C is in respect of composition of Panchayats. It provides that, subject to the provisions of this Part, the Legislature of a State may, bylaw, make provisions with respect to the composition of Panchayats. sga 6/11

6853.2025WP2.odt12.Section 4 of the Maharashtra Village Panchayats Act, 1959provides as under :-"4. Declaration of village. (1)Every village specified in the notification issuedunder clause (g) of article 243 of the Constitution of Indiashall be known by the name of that village specified in thatnotification: Provided that, where a group of revenuevillages or hamlets or other such administrative unit orpart thereof is specified in that notification to be a village, the village shall be known by the name of the revenuevillage, hamlet or as the case may be, administrative unitor part thereof, having the largest population. (2)Where the circumstances so require to include orexclude any local area from the local area of a village or toalter the limits of a village or that a local area shall ceaseto be a village, then the notification issued in the likemanner after consultation with the Standing Committeeand the Gram Sabha and the panchayat concerned, at anytime, may provide to -(a) include within, or exclude from anyvillage, any local area or otherwise after the limits of anyvillage, or(b) declare that any local area shall cease tobe a village; and thereupon the local area shall be so included orexcluded, or the limits of the village so altered, or, as thecase may be, the local area shall cease to be a village. "sga 7/11

6853.2025WP2.odt13.The Government issued Government Resolution dated12.02.2004 laying down the guidelines and criterias about population, financial condition, demand of separate village panchayat, consultationwith Standing Committee and concerned village panchayat, demand ofvillagers for division and amalgamation of the Gram Panchayat under Section 4 of the said Act and that the villages should be the revenuevillages and the division should not be within two years from theelection of the village panchayat, which is sought to be divided. 14. Indisputedly, the proposal of division and creation of twoseparate independent village panchayats fulfills all the criteriasmentioned in the Government Resolution dated 12.02.2004. Necessaryresolution to bifurcate V.P. Kharda and create two separate independentvillage panchayats at village Nagobachiwadi and Daradwadi is passedby the Special Gram Sabha. It is confirmed in the monthly Gram Sabhameeting. The Block Development Officer on scrutiny has favourablyrecommended the proposal of bifurcation of village panchayats. Administrator of Standing Committee has also recommended it. TheCommissioner has recommended it on 02.11.2023 by specificallymentioning that the proposal fulfills all the criteria laid down in the Government Resolution dated 12.02.2004. Therefore, appropriate stepsbe taken at Government level for bifurcating G.P. Kharda and creatingsga 8/11

two separate Gram Panchayat at Nagobachiwadi-Mungewadi and Daradwadi-Pandharewadi. Thereafter, the Government asked the Commissioner to give unambiguous recommendation. Bycommunication dated 08.12.2024, he has favourably recommended theproposal of bifurcation and creation of new village panchayats. However, by the impugned order, the proposal is erroneously returnedstating that the same is not approved at Government Level. No reason isassigned for non-approval of the proposal at the Government Level. Inthe affidavit-in-reply, it is stated that "I say and submit that as per thedecision taken by the Competent Authority, the file was returned to the Department on 07.02.2025. I say and submit that the CompetentAuthority has not approved the proposal of substitution of villagepanchayat, Nagobachiwadi and Daradwadi from Kharda V.P.". 15. In Karnail Singh and others Vs. Darshan Singh and others[1995 Supp(1) SCC 760], the Apex Court has held that the decision ofthe Government either for constituting one or more than one GramSabha areas or amalgamating such areas is an administrative action butGovernment should have material and should consider the material, before it takes the decision. sga 9/11

6853.2025WP2.odt16.It is well settled by the catena of decisions that even in theadministrative decisions, it is mandatory to record reasons. Recordingof reasons also operates as a valid restraint on any possible arbitraryexercise of judicial, quasi-judicial or even administrative power. Reasonsreassure that discretion has been exercised by the decision maker onrelevant grounds and by disregarding extraneous considerations. (VideKranti Associates Private Limited and another Vs. Masood Ahmed Khanand others [(2010) 9 scc 496])17.Applying aforesaid ratio to the facts of the present case, it isevident that the impugned order is unreasoned order, hence, it does notstand the scrutiny of Article 14 of the Constitution of India. Therefore, ithas to be termed as arbitrary and cannot be sustained. Apparently, respondent no.1 has failed to consider therelevant aspects i.e. the compliance of Section 4 and the criteriasmentioned in Government Resolution dated 12.02.2004, favourablerecommendation by the Commissioner, the collective will of thevillagers. Obviously the impugned order appears to have been passed bytaking into consideration the extraneous factors. Therefore, since it ispassed in violation of principles of natural justice, it is liable to bequashed and set aside. sga 10/11