 seeking the status of Municipality to Gram Panchayat of Tinwari and all consequential status and benefits available under the Rajasthan Municipalities Act, 2009){kind=link}
The Rajasthan High Court has dismissed a Public Interest Litigation (PIL), which sought the status of Municipality to Gram Panchayat of Tinwari and all consequential status and benefits available under the Rajasthan Municipalities Act, 2009.
The Division Bench of Justice Sandeep Mehta and Justice Kuldeep Mathur dismissed a Public Interest Litigation (PIL) filed seeking the following reliefs:
(a) the respondents may kindly be directed to exercise the powers available under Rajasthan Municipalities Act, 2009 and to upgrade the Gram Panchayat, Tinwari as Municipal Board in view of the resolution of the Gram Panchayat so also the report submitted by the Tehsildar, Tinwari.
(b) by an appropriate writ, order or direction, the respondents may kindly be directed to give the status of Municipality to Gram Panchayat, Tinwari and all consequential status and benefits available under the Rajasthan Municipalities Act, 2009.
While considering the PIL, the Court observed that Part IXA of the Constitution of India, particularly Article 243Q, vests the exclusive jurisdiction of the Constitution of Municipalities in the Governor.
All parameters as prescribed under Article 243Q would have to be satisfied before the notification to declare a particular rural area into a Municipality can be issued.
Having considered the submissions advanced at bar, the Court is of the firm view that the relief, which is sought for by the petitioner in this writ petition, pertains to exercise of sovereign powers by the State Government.
Ex-facie, the Court is of the view that while exercising the extraordinary writ jurisdiction under Article 226 of the Constitution of India, it would not be expedient in the interest of justice to mandate the State Government to exercise the said power in the particular manner as claimed by the petitioner.
There is no allegation of the petitioner that the State Government is not acting in a bona fide manner or that any act or omission being taken contrary to law.
“Whether or not, to declare a particular rural area to be a Municipal area is exclusively within the domain of the legislature. There being no allegation that the alleged failure to exercise power so conferred upon the State by the statute is tainted with mala fide, no direction can be given to the State Government in terms of the prayers made by the petitioner in this writ petition,” the Bench held.
Thus, the High Court did not find any justifiable ground to interfere in the matter while exercising the extraordinary writ jurisdiction.