This writ petition was filed under Article 226 of the Constitution by Gudia Goswami (Gram Pradhan) and 293 others challenging the notification dated 19.04.2023, whereby the remaining area of Gram Panchayat Karua (Tehsil Colonelganj, District Gonda) was de-notified and merged with Gram Panchayat Kumhraura. The petitioners contended that the current population of the remaining area—consisting of over 1,700 individuals and 1,104 voters—satisfied the statutory threshold of 1,000 under Section 11-F of the U.P. Panchayat Raj Act, 1947. The State respondents maintained that the de-notification exercise strictly relied on the official figures of the 2011 Census, which placed the population of the remaining area at 785. The Allahabad High Court Division Bench held that the term “population” under the Act must be interpreted strictly in accordance with its statutory definition referencing the last published census. The Court further ruled that issuing such de-notification and merger notifications constitutes an act of conditional legislation rather than an administrative adjudication, and dismissed the petition for lacking legal infirmity.
- Statutory Definition of “Population”:
- Under Section 2(1) of the U.P. Panchayat Raj Act, 1947, “population” means the population ascertained in the last preceding census whose figures have been published.
- The Court emphasized that for maintaining a distinct Panchayat area under Section 11-F, the benchmark population of 1,000 must be evaluated against these official census figures rather than shifting contemporary headcounts.
- Impact of Territorial Extension of Municipalities:
- Following the extension of the limits of Nagar Palika Parishad, Colonelganj, a portion of Gram Panchayat Karua was subsumed into the municipality under the U.P. Municipalities Act, 1916, causing that part to lose its identity as a village panchayat.
- Because the remaining area’s population dropped to 785 as per the 2011 Census—falling well below the statutory requirement of 1,000—the authority correctly proceeded to de-notify and merge the remaining pocket.
- Conditional Legislation and Nature of Power:
- The exercise of power by the State Government under Sections 3 and 11-F of the Act, 1947, involves conditional legislation of a general and legislative character, rather than an administrative or quasi-judicial function affecting individual rights.
- Consequently, specific principles of natural justice like a pre-decisional personal hearing are not implicitly mandated unless explicitly provided by the parent statute.
- Scope of Judicial Review:
- A notification issued as conditional legislation can only be challenged if it exceeds statutory boundaries, lacks precedent conditions, or violates constitutional mandates.
- Since the petitioners failed to establish any violation of statutory provisions or procedural rules, the Court declined to interfere with the notification, resulting in the dismissal of the writ petition.
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Gudia Goswami and 293 others Versus State of U.P. Thru. Prin. Secy. Deptt. of Panchayati Raj, Lko. and 10 others (D.O.J. July 17, 2026)
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