Allahabad High Court, Nagar Panchayat, Gram Panchayat, Barsana Dehat, objections, stakeholder rights, Uttar Pradesh Municipalities Act, Article 243-Q, democratic rights.
On September 15, 2022, the Governor of Uttar Pradesh issued a notification under Article 243-Q(2) of the Constitution, proposing the inclusion of Barsana Dehat in the transitional area of Nagar Panchayat Barsana. The notification invited objections or suggestions from stakeholders within seven days of its publication, as per Section 4(1) of the Uttar Pradesh Municipalities Act.
The residents of Barsana Dehat, an economically disadvantaged area dependent on state-sponsored welfare schemes, opposed this transition. The Gram Pradhan submitted an objection by post on September 19, 2022, which was delivered to the State Government the next day, as confirmed by postal tracking records. However, in October 2022, the State issued a final notification, including Barsana Dehat in the Nagar Panchayat, without addressing the objection. This prompted the Gram Pradhan to file a writ petition challenging the notification.
The High Court, while quashing the notification, underscored the following key points:
The High Court quashed the notification, holding that the State Government’s failure to consider valid objections amounted to a breach of procedural and constitutional mandates. The court also emphasized the importance of respecting the rights of residents and ensuring that administrative actions do not unjustly disrupt lives.
This decision is a strong assertion of the right to participatory governance enshrined in the Constitution of India. It reinforces the principle that stakeholders in affected areas must have their objections and concerns considered before administrative changes are implemented.
The ruling also highlights the civil consequences of reclassification, particularly for marginalized communities, and places accountability on the State to follow due process. For policymakers, this judgment serves as a reminder to uphold transparency and procedural fairness in governance.
The Allahabad High Court’s verdict underscores the importance of respecting democratic principles in governance. By quashing the inclusion of Barsana Dehat in Nagar Panchayat Barsana, the court has upheld the rights of the residents to be heard and ensured that their welfare is not undermined by procedural lapses. This case sets a significant precedent for protecting stakeholder participation in administrative decisions.
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