Thread by @barandbench

Supreme Court vacation bench led by Justice UU Lalit hears an appeal against Rajasthan HC order which upheld decision of state government to convert 16 gram panchayats into municipalities
#SupremeCourt
#RajasthanHighCourt

Plea says present mandatory notification under Article 243 Q(2) is just a Colorful exercise of power by
the governor, especially when it decides a parameter of
income of only Rs.10 per person or more for transitioning rural to urban for having a Muncipality & not a Gram panchayat

Justice Lalit: Are you seriously disputing that the second notification does not fulfill the condition of the first one

Senior Adv Saurabh Kirpal: MP High Court judgment covers this which states that a generic notification covering entire state cannot be issued

Justice Lalit: Show us Article Article 243 Q

#SupremeCourt

Justice Lalit: where is the element of depriving the element of natural justice

Senior Adv Kirpal: there are three judgments of the #supremecourt in this regard

Justice Lalit: were these points raised in the High Court?

Justice BR Gavai: Are you referring to Baldev Singh vs State of HP. The citation you have cited is not correct

Justice Lalit: There are certain enactments in Maharashtra which mandate a draft notification to be published which has objections invited from the public. So it has to be seen minus the statute can this requirement be asked for?

Justice Lalit: for instance there is a gram panchayat and 1000s of people then we have to say the manner in which principles of natural justice can be complied with..none of these grounds have been urged in the HC.

Justice Lalit: you could have stated that these grounds were not considered in lead case and thus consider it afresh.

Justice Lalit: How do we presume that these conditions were not complied with. Where is the affidavit by the counsel that he wanted to urge these grounds and he could not. How do we attack a judgment of the hc with issues which have not even been raised?

Kirpal: The similar notification was quashed by the Madhya Pradesh High Court saying such a notification cannot be for the entire state and can only be for specifically a particular area

Senior Adv Anjana Prakash: The HC had stated that how such notifications are there for a particular area and such areas which are specific. they relied on champa all judgment

Justice Lalit: there were dealing with provisions in a local enactment.. and considering provisions

Justice Lalit: Rajasthan government has issued a notification with certain parameters with what will be nagar panchayat and what can be the area. Champa lal says under 243Q governor cannot notify areas with absolute discretion but stick to paramters

Justice Lalit: governor has to see which area is a transitional area and what parameters can be there to make that transition, like income, employment. Every village has to sustain itself with taxes, revenue and take up welfare activities.

Justice Lalit:in absence of such parameters you cannot such pick up an area and call it transitional. that's what was held in Champa Lal. is it your case that none of these parameters were adhered with. show us the ground which was raised in hc saying parameters weren't satisfied

Senior Adv Prakash: the government had fared not well in the gram pamnchayat elections...

Justice Lalit: these are not the legal issues. please answer my question..

Justice Lalit: It has been argued that nobody was heard and thus violation of principle of natural justice. then whether parameters was violated or not and these points were not raised in HC. Then it is urged that target area wise and not state, that's why champa lal is cited

Justice Lalit: lastly it has been argued that High Court did not consider the points while dealing with the matter.

Adv Anupam Sinha: If power is done something to be done in some way then let it be done in that way or not at all

Senior Adv Saurabh Kirpal: when gram panchayats become municipalities, MNREGA benefits are no longer available to them. its a great prejudice. Please look at Baldev Singh judgment that's why they should have been heard.

Kirpal: no notice, no hearing nothing. This is a political act. whenever a ruling party lose its turned into a municipality.

Orders

Justice Lalit: We see no reason to interfere. Appeals dismissed.

Senior Adv Prakash: allow us to approach high court

Justice Lalit: not after hearing so much. you could have approached hc for review. you have chosen one remedy we are not granting you that

#SupremeCourt