Population Below Statutory Minimum as Per 2011 Census Justifies Merger, Court Rules
In a significant ruling, the Allahabad High Court has upheld the Uttar Pradesh government's decision to merge Gram Panchayat Karua with Gram Panchayat Kumhraura, citing the population figures from the 2011 Census. The court dismissed the writ petition filed by Gudia Goswami and 293 others challenging the state government's notification de-notifying Gram Panchayat Karua.
The bench, comprising Justices Alok Mathur and Amitabh Kumar Rai, emphasized that according to the Uttar Pradesh Panchayat Raj Act, 1947, the population of a Gram Panchayat area must, as far as practicable, be at least 1,000. The last census conducted in 2011 recorded the population of the remaining area of Gram Panchayat Karua as 785, which is below the statutory requirement. Consequently, the state government issued a notification merging the area with Gram Panchayat Kumhraura.
The petitioners argued that the current population was 1,719, with 1,104 registered voters, thereby meeting the statutory requirement. However, the court rejected this argument, stating that the definition of "Population" under the Act refers to the last census figures, which are binding for determining the status of a Panchayat area.
The court further noted that the notification issued under Sections 3 and 11-F of the Uttar Pradesh Panchayat Raj Act, 1947, is legislative in nature, and such acts of conditional legislation can be contested only if they violate statutory mandates or constitutional provisions. The petitioners failed to demonstrate any such violations.
This decision underscores the importance of statutory compliance based on established census data, reaffirming the legislative framework governing local governance in Uttar Pradesh.
Bottom Line:
Merger of Gram Panchayat into another Panchayat area-Notification de-notifying Gram Panchayat Karua and merging it with Gram Panchayat Kumhraura upheld-Population as per 2011 Census below the statutory minimum of 1,000, thereby not meeting the requirements for continued existence as an independent Gram Panchayat.
Statutory provision(s):
Uttar Pradesh Panchayat Raj Act, 1947 - Sections 2(l), 3, 11-F; Uttar Pradesh Municipalities Act, 1916 - Section 3
Gudia Goswami v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2943755
