CUTTACK: A division bench of the Orissa High Court comprising Justices Krishna Shripad Dixit and Chittaranjan Dash has dismissed an appeal challenging the rejection of a plea for bifurcation of Khanguria gram panchayat and creation of a new Sampur gram panchayat under Bolagarh block in Khurda district.
The appeal was filed by Krushna Chandra Jhapatsing and Ajaya Kumar Mohanty against a single Judge’s order dated June 21, 2024, which had upheld the state government’s decision of December 9, 2016, rejecting their representation. The appellants argued that once the population of a gram panchayat exceeds 10,000, bifurcation becomes mandatory.
However, the bench disagreed, observing that such an interpretation overlooks the conditional nature of the governing law. Rejecting the contention, the court noted, “The language of Sub-section 3 of Odisha Grama Panchayats Act, 1964 employees the expression ‘so far as may be reasonably practicable’. Thus, it is not that once the population exceeds the limit, the state government has to constitute a new gram panchayat by bifurcation.”
The judges emphasised that removing this qualifying phrase would distort legislative intent. “An argument to the contrary would rob off the significance of the above expression and render it otiose. In the normative interpretative process, a court cannot do it,” they observed.
Highlighting the policy nature of such decisions, the bench further observed, “Creation, alteration and bifurcation of gram panchayats is a matter of policy. What all would constitute ‘practicable’ is a matter, which does not admit judicial assessment. It is for the executive to take a decision in its wisdom acquired through accumulated experience. A writ court cannot run a race of opinions with the executive, in matters like this.”
The court also endorsed the single Judge’s reliance on Notification No.10729, which clarifies that population alone is not decisive. Concluding that the appeal lacked merit, the bench ruled that the appeal being devoid of merits is liable to be rejected.