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State asked to consider plea for creation of separate panchayat

J. Venkatesan

New Delhi: The Supreme Court on Monday directed the State government to consider representations for creation of a separate panchayat for Keelvisharam village, also known as Rasathapura, in Vellore district, and pass appropriate orders within three months.

A Bench of Chief Justice K.G. Balakrishnan and Justice P. Sathasivam was disposing of an appeal filed by the State government against a Madras High Court judgment dated February 5, 2007, directing the State government to forward all papers and representations to the Governor for taking a decision on the demand for creation of a separate panchayat for Keelvisharam village.

The Bench asked the State to communicate the order to Janata Party president Subramanian Swamy, on whose petition the High Court gave the direction. The Bench said Dr. Swamy would be at liberty to seek appropriate remedy if he felt aggrieved by the State government’s decision.

Dr. Swamy in his petition wanted a direction to the government to constitute the revenue village of Keelvisharam as a separate village panchayat instead of being part of the Melvisharam panchayat (now upgraded as municipality).

Important points

The State, in its special leave petition against the High Court judgment, stated that important questions of law were involved in the petition, including whether the direction to forward all papers to the Governor for his consideration was correct in law and whether the impugned order was sustainable.

Appearing for the State, senior counsel M.N. Rao contended that it was for the government to decide in what manner the panchayat areas and constituencies in each panchayat area would be delimited and the Governor would have no role to play.

Dr. Swamy sought dismissal of the SLP on the ground of delay in filing the appeal. The Bench, however, passed an order asking the State government to decide on the representations within three months.

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