Govt cannot bifurcate villages without giving rationale: HC
The judge observed that the action of the government in bifurcating the village cannot be arbitrary and without reasonable cause
HYDERABAD: The Telangana High Court made it clear that without any rationale or justification, the government cannot bifurcate any village, while creating a new gram panchayat.
Towards this, Justice T. Madhavi Devi of the High Court suspended the gazette notification No. 7, dated 15.07.2024, regarding bifurcation of Kurmapally from Ramachandrapuram gram panchayat in Saidapur mandal of Karimnagar district.
The judge observed that the action of the government in bifurcating the village cannot be arbitrary and without reasonable cause. The judge was dealing with a petition challenging the bifurcation of Ramachandrapuram gram panchayat, which had a population of 751.
On the ground that there is a demand in Kurmapally village for formation of a new gram panchayat, a gram sabha was conducted and a resolution was passed for forming a new gram panchayat by Kurmapally villagers.
The petitioner’s contention was that in order to create a new gram panchayat by bifurcating the lesser populated village, there should be a minimum distance of two km between the existing gram panchayat and the proposed one; whereas, in the said case the distance between the two villages is only 500 metres.
Though the population is 751 and the quorum for the gram sabha is 150 members, only 127 people attended. Meanwhile, resolutions of the gram sabha and videographs of its proceedings have not been uploaded on the website.
The government contended that according to the Panchayatraj Act 2021, nothing has been prescribed as regards bifurcation of villages. Reacting to it, the court questioned that if there was no requirement to conduct a gram sabha, why was the same conducted in the said village.
