Court : Allahabad
Reported in : AIR1995All162
..... has been occasioned for wrongful gain either by political parties or members of it, and any consultation or varying the identity of villages, consequential gram sabhas and panchayat areas has not been had or done with a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of panchayat at the village level; (e) no district magistrate or his designated officials have paid any visit or inspection to ascertain the views and view points of people who ..... part of the village has been added to one panchayat area and the remainder to another panchayat area; (e) even revenue villages have been split, with the agricultural holdings in one panchayat area and the habitat in another; (f) villages undertaken into the last census survey of 1991, have been omitted and not assigned any gram panchayat; (g) the population as at the time of survey for specifying villages, gram sabhas, or announcing panchayat area should be taken into account and not the ..... , the block or the collectorate, as the case may be, such informations as was germane to the purposes pf elections whether on the count down of population, reservation, delimitation, amalgamating two or more villages of carving out panchayat areas were such informations which could not be denied to any member of a gram sabha who had been conferred the fight by the constitution of india, to vote. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR1(Jhr)]
..... so far as reservation in favour of scheduled castes and scheduled tribes is concerned, while seats of panchayats at all levels are to be reserved, proportionate to the population of scheduled castes in that panchayat area or of the scheduled tribes in that panchayat area, at least l/3rd of the total number of reserved seats of panchayats are required to be reserved for women, belonging to scheduled castes or scheduled tribes, as the case may be. ..... chairpersons of the panchayats at the intermediate level, in the panchayats at the district level;(c) of the members .of the house of the people and the member of the legislative assembly of the state representing constituencies which comprise wholly or partly a panchayat;(d) of the members of the council of states and the members of the legislative council of the state, where they are registered as electors within-(i) a panchayat area at the intermediate level, in panchayat at the intermediate level;(ii) a panchayat area at the district level, in panchayat at the district level .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1512; JT1995(3)SC252; 1995(2)SCALE453; 1995Supp(2)SCC305; (1995)2UPLBEC874
..... and sections 2 (kk), 11f and 12-bb of the act in place of sections 8 and 9 of the delimitation act, 1950, it will be obvious that neither the delimitation of the panchayat area nor of the constituencies in the said areas and the allotments of seats to the constituencies could have been challenged or the court could have entertained such challenge except on the ground that before the delimitation, no objections were invited ..... therefore, the criticism by the high court with regard t s both the notifications dated 9th may, 1994 and 4th august, 1994 delegating the power, and establishing gram sabhas and declaring panchayat areas may be justified in that they do not refer to section 2(t) and the latter notification has given inappropriate titles in columns 2 and 3 thereof, according to us, for the reasons stated ..... on 2nd december, 1994 has held, among other things, that the definitions of 'village' under section 2(t), of 'gram sabha' under section 2(g) and of 'panchayat area' under section 2(11) read with section 11f of the act were ultra vires the respective definitions given in articles 243(g), 243(b) and 243(e) read with article 243c ..... the legislature, probably rightly thought that since the power given to the state government by section 3 to establish a gram sabha and by section 11f to declare the panchayat area comprise in them the power to declare the village within the meaning of section 2(t) and particularly of the second part of it, it was not necessary to make an independent .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR608; 2004(7)KarLJ677
..... drain well and other public places in the panchayat area not being private property and which are not in the control and management of other authorities mentioned therein shall vest in the grama panchayat and the grama panchayat may do all things necessary for the maintenance ..... the rural development and panchayat raj secretariat regarding green belt area revising the green belt area in the comprehensive development plan of bangalore, on 20.8.1984, instructions were issued to stop issue of licences for building activities in the green belt area without prior approval of the bda, thereafter, a comprehensive development plan of bangalore is finalised and the green belt area has since been ..... (1) of section 15 of the act by declaring that the act is intended to provide for the establishment of a development authority for the development of the city of bangalore and areas adjacent thereto, if anything makes it obvious that the power invested in the authority under clause (a) of sub-section (i) of section 15 of the act to draw up a 'development scheme' for the ..... in a notification under section 17(1) is that a developmental scheme has been prepared and the said fact is to be stated in the notification and the limits of the area comprised therein and naming a place where particulars of the scheme, a map of the area comprised therein, a statement specifying the land which is proposed to be acquired and of the land in regard to which a betterment tax would be levied may be seen .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP37; 1995(2)ALT439
..... seats allotted to it shall, so far as practicable, be the same throughout the panchayat area and for the representation of chairpersons of the panchayats at the village level, in the panchayats at the intermediate level or, in the case of a state not having panchayats at the intermediate level, in the panchayats at the district level, of the members of the house of the people and the members of the legislative assembly of a state representing ..... referable to article 243c under which the legislature of a state is declared competent to make provisions by law with respect to the composition of panchayats which also declares that all the seats in a panchayat shall be filled by persons chosen by direct election from territorial constituencies in the panchayat area and for this purpose each panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of ..... village level and of the members of the council ofstates and the members of the legislative counct of the state where they are registered as electors within (1) a panchayat area at the intermediate level, in panchayat at the intermediate level; and (2) a panchayat area at the district level in panchayat at the district level, this also provides for the election of the chairperson of a panchayat at the village level in such manner as the legislature of a state may by law provide and for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(1)ALD625
..... although the respondents have denied or challenged the public auction and the right to have weekly shandies within the gram panchayat area of velpur, they have denied the proceedings issued by the petitioners alleging that such proceedings are malice to be got up or brought out after the impugned proceedings were ..... that a market committee or any such authority is permitted by law or otherwise within the gram panchayat area, and by virtue of that any property or any place or the area is in the occupation or control of such authorities, the gram panchayat cannot impose the condition to obtain permission or to obtain licence. ..... withstanding the legality, propriety or otherwise of the impugned proceedings and the right of the petitioners in regard to the weekly shandies in the gram panchayat area of velpur on facts as above, interesting questions have arisen to be resolved in this writ petition viz. ..... of the 1st petitioner that the right to hold weekly bazaaror cattle shandies in the gram panchayat area has been sold out to the 2nd petitioner is denied. ..... also referred to section 29 of the agricultural markets act which deals with payment of compensation in respect of markets in areas within the jurisdiction of other local authorities to contend that if there is any market within the jurisdiction of the local authority it can be compensated as per the provision to indicate that a market committee can have its markets in the gram panchayat area and compensate it according to the provisions. .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR568
..... if it is felt that immediate economic considerations, which are really ephemeral, outweigh this lurking menace, while introducing sale of liquor, in tribal areas and panchayat areas, at least the government should consider whether it is necessary to flood the tribal or panchayat area with all forms of liquor, indian made! ..... so far as it relates to boriguma os shop as well as its branch shops at boriguma, kamara, kanagaon, arduli, sanaparia, aunli, pandarguda, kebedi, jayantagiri and jamunda grama panchayat areas, is not in consonance with law and we have no hesitation to quash that portion of annexure-8.15. ..... area, and not to grama panchayat areas of sasahandi grama panchayat, batasana grama panchayat, chandili grama panchayat at sadaranga grama panchayat.19 ..... therefore, while introducing liquor into a panchayat area, the government is bound to have prior approval of the concerned panchayat under section 26-a of the act and it is also bound to issue a notice as contemplated by section 22 of that act inviting objections from the ..... was that though it was for the government to decide as a policy whether the manufacture or sale of liquor should be introduced in any area of the state, the said discretion or power was to some extent controlled by making it necessary for the government to have the prior approval of the concerned grama panchayat accorded with the concurrence of grama sasan, before the grant of the privilege under the act for manufacture, possession or sale of any intoxicant. .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)2GLR1263
..... part of a revenue village, or such other administrative unit or part thereof, -(a) to be a nagar, if the population of such local area exceeds 10,000 but does not exceed 25,000, and(b) to be a gram, if the population of such local area does not exceed 10,000:xxx xxx xxx(2) after consultation with the taluka panchayat, the district panchayat and the nagar or gram panchayat concerned (if already constituted) the state government may by like notification, at any time -(a) include within, or exclude from ..... been a long drawn out exchange of views, consultations as well as consideration of objections over the issuing of a notification under section 16 of the gujarat industrial development act, 1962 which was also linked with the exclusion of this area from the panchayat area under section 9(2) of the gujarat panchayats act, 1961. ..... , any nagar or gram, any local area or otherwise alter the limits of any nagar or gram; or(b) declare that any local area shall cease to be nagar or gram; [or](c) having regard to clauses (a) and (b) of sub-section (1), declare the .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN130
..... filed the objections were sarpanch, gram-panchayat, president vjapar mandal, entire village community and people of panchayat area through laxmi narain kisan and others, president block village panchayat congress committee and president, block congress committee ..... is further alleged that the distance between the dhansis situated in the panchayat area was not more than one mile and in support or this a map ..... the state government has further alleged that the population of panchayat area of kishangarh reawal, according to the census report of 1971, was eleven thousand, five hundred eighty and now the population has ..... it is the subjective satisfaction of the state government to convert a panchayat area into a municipality & there is no allegation of the petitioner that such action has been taken by the state malafide or with ..... the village and their suburbs existed at a distance of 5-6 miles from each other and, that looking to the population of the area it could not be included or converted into a municipality and, that the gram-panchayat in reply refuted it not to be converted into a municipality and, that the cause of the development of the area could not be served in a better manner by converting it into a municipal board, according to the petitioner even after filing the ..... thereafter at the request of some inhabitants of the gram panchayat area another opportunity of filing the objections was given and some of the residents village kishangarh renwal again filed their objections .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR324
..... the division bench observed on these facts thus:'in the context to the challenge to the election which is founded on the failure on the part of the deputy commissioner to make a geographical division of the panchayat area into constituencies it was submitted that the constituencies so determined did not include all the houses in that area and that quite a few of them were excluded from all the constituencies . ..... however, under section 5(5), the deputy commissioner shall, subject to the provisions of sub-sections (2), (3), (4) and (6), by notification, determine (1) the constituencies into which the area within the jurisdiction of every mandal panchayat shall be divided for the purposes of elections to such mandal panchayat; (b) the extent of each constituency; (c) the number of seats allotted to each constituency which shall be one or more; and (d) the number of seats, if any, reserved for the scheduled castes and scheduled tribes or women ..... the two important questions that arose for consideration in that case were:'(1) where the government has been given the power to declare an area in a district as a block and to constitute a panchayat samithi invested with corporate character for that block by notification, has it, by the very nature of that power, the power to abolish the block and the samithi? .....
Tag this Judgment!