ORDER : 1. Aggrieved by the final Notification dated 27.10.2020 whereby the Nagar Panchayat, Ani, has been created out of the different revenue estates, the petitioners, who are the permanent residents of villages of Tehsil Ani, have filed the instant petition for grant of the following substantive reliefs:- “i). That the respondents be directed to produce total record of the case for the perusal of this Hon’ble Court right from the day when the proceedings were initiated for creation of Nagar Panchayat, Ani till final Notification dated 27.10.2020. ii) That final Notification dated 27.10.2020 whereby Nagar Panchayat Ani has been created out of the different revenue estates out of the total area of aforesaid Panchayats vide Annexure P-4 may be set aside and quashed.” 2. According to the petitioners, the State of Himachal Pradesh had on the demand of the inhabitants of the different villages created various Gram Panchayats, which are functioning properly and being more beneficial and desirable, the respondents could not have illegally created Nagar Panchayat, Ani by taking out the following villages:- i) Muhal Manjhadesh from Gram Panchayat, Bakhnao. ii) Muhal Franali from Gram Panchayat, Ani. iii) Muhal Karana from Gram Panchayat, Karana. iv) Muhal Kungas from Gram Panchayat, Kungas. v) Muhal Jaban from Gram Panchayat Namhog. 3. It is further contended that the Deputy Commissioner, Kullu of his own and in absence of any resolution on behalf of any of the panchayats for creation of Nagar Panchayat, Ani, recommended the matter to the Director, Urban Development vide his letter dated 13.08.2020. Respondent No.1, in turn, issued a Notification dated 25.08.2020 whereby a proposal was made for constitution of the Nagar Panchayat, Nirmand, consisting of Muhal Manjhadesh of Gram Panchayat Bakhnao, Muhal Franali of Gram Panchayat, Ani, Muhal Karana of Gram Panchayat, Karana, Muhal Kungas of Gram Panchayat, Kungas and Muhal Jaban of Gram Panchayat, Namhog, and not for Ani. Though at the end of the Notification, it is mentioned that Nagar Panchayat was proposed to be created for Ani. 4. In terms of the Notification, objections/ suggestions were invited to be filed within six weeks from the date of publication of the Notification which was published on 14.09.2020. Though at the end of the Notification, it is mentioned that Nagar Panchayat was proposed to be created for Ani. 4. In terms of the Notification, objections/ suggestions were invited to be filed within six weeks from the date of publication of the Notification which was published on 14.09.2020. Various objections were filed, but, according to the petitioners, the same were not considered and despite this the final Notification creating Nagar Panchayat, Ani was issued vide Notification dated 27.10.2020, which is illegal for not only excluding the five villages as mentioned aforesaid, but also because there is no compliance of the mandatory provisions of the Himachal Pradesh Municipal Act, 1994 (for short ‘Act’) inasmuch as wrong publication of Notification dated 25.08.2020. 5. It is further averred that as per proposal in Notification dated 25.08.2020, area of Muhal Majhadesh in Gram Panchayat, Bakhnao was proposed to be taken from Khasra No. 2300 to 2850, but, as per Notification dated 27.10.2020, additional area of Khasra Nos. 8284 and 8285 has been taken for creation of Nagar Panchayat, Ani. In Muhal Karana, there was proposal for taking Khasra Nos.2191 to 2460, however, additional area of Khasra No. 2184 to 2190 has been taken in the final Notification though there was no such proposal. As regards Muhal Kungas, there was a proposal to put area of Khasra Nos. 2807 to 2841 in Nagar Panchayat, but all these khasra numbers have been given up and areas of Khasra Nos. 1171 to 1187, 2747, 2801, 2876 and 2877 have been taken up for inclusion of Nagar Panchayat. In the absence of any proposal in the Notification under Section 4 of the Act, these areas could not be taken out of respective Gram Panchayats for inclusion in Nagar Panchayat. 6. In addition to the above, it has also been averred that the inhabitants of the Gram Panchayat, who belong to the backward area, were entitled to an opportunity of hearing before issuing the final Notification dated 27.10.2020. Having failed to do so, the entire exercise, as undertaken by the respondents, was bad in law. 7. 6. In addition to the above, it has also been averred that the inhabitants of the Gram Panchayat, who belong to the backward area, were entitled to an opportunity of hearing before issuing the final Notification dated 27.10.2020. Having failed to do so, the entire exercise, as undertaken by the respondents, was bad in law. 7. The respondents have opposed the petition by filing reply wherein it has been submitted that the Sub Divisional Officer (Civil) Ani, District Kullu, submitted a proposal for the composition of Nagar Panchayat, Ani, for a transitional area of 4,64,411 square metres with the population of 5,840 as reported by the Census Department, Government of India, held in the year 2011, to replying respondent No.3 i.e. Deputy Commissioner, Kullu. The proposal as submitted fulfilled the requirement of law, more particularly, the legal propositions and conditions for formation of the Nagar Panchayat as envisaged under Chapter-II, Section 3 thereof. 8. Accordingly, on the basis of the proposal and in view of the demographic conditions of Ani Town, population density of the said area and also for the better development and improved arrangements in the said area, the State Government vide Notification dated 25.08.2020 classified the proposed area as Nagar Panchayat, Ani under Section 3(2) of the Act. Vide this notification, objections/suggestions were invited from the local inhabitants within a prescribed time frame of six weeks. Total 12 objections/suggestions were received from the local inhabitants including present petitioner Nos. 3 and 5 which were further communicated to the State Government by respondent No.3 with detailed comments and report after adopting due procedure. 9. Taking into consideration these objections/ suggestions, the justified demands, objections and suggestions were accordingly considered and some populated commercial area was included in this newly formed Nagar Panchayat. On the other hand, the areas which were quite far away from the headquarter with less population were accordingly excluded from the Urban Local Body in the final Notification. It has been averred that it is for the better development of the area that Nagar Panchayat has been constituted to which no exception can be taken by the petitioners. 10. We have heard the learned counsel for the parties and have gone through the records of the case. 11. It has been averred that it is for the better development of the area that Nagar Panchayat has been constituted to which no exception can be taken by the petitioners. 10. We have heard the learned counsel for the parties and have gone through the records of the case. 11. At the outset, in order to appreciate the issue, we need to refer to the relevant provisions of the Act which deal with the procedure for declaring the municipal area under Section 4, notification of intention to include a local area in a municipal area under Section 5, notification of intention to exclude local area from a municipal area under Section 6 and exclusion of local area from a municipal area under Section 7 and the same read as under:- “4. Procedure for declaring municipal area.-(1) The State Government may, by notification, propose any local area to be a municipal area under this Act. (2) Every such notification under sub-section (1) shall define the limits of the local area to which it relates. (3) A copy of every notification under this section, with a translation thereof in such language as the State Government may direct shall be affixed at some conspicuous place in the office of the Deputy Commissioner, within whose jurisdiction the local area to which the notification relates lies, and at one or more conspicuous places in that local area. (4) The Deputy Commissioner shall certify to the State Government the date on which the copy and translation were so affixed and the date so certified shall be deemed to be the date of publication of the notification. (5) If any inhabitant desires to object to a notification issued under sub-section (1), he may, within six weeks from the date of its publication submit his objection in writing through the Deputy Commissioner to the State Government and the State Government shall take his objection into consideration. (6) When six weeks from the date of publication have expired, and the State Government has considered and passed orders on such objections as may have been submitted to it, the State Government may, by notification, declare the local area for the purposes of this Act, to be a municipal area. (6) When six weeks from the date of publication have expired, and the State Government has considered and passed orders on such objections as may have been submitted to it, the State Government may, by notification, declare the local area for the purposes of this Act, to be a municipal area. (7) The State Government may, by notification, direct that all or any of the rules which are in force in any municipal area shall, with such exceptions and adaptations as may be considered necessary, apply to the local area declared to be a municipal area under this section, and such rules shall forthwith apply to such municipal area without further publication. (8) When a local area, the whole or part of which was a notified area under the Himachal Pradesh Municipal Act, 1968 (19 of 1968) or a Nagar Panchayat under this Act, is declared to be municipal council under this section, the municipal council shall be deemed to be a perpetual successor of such notified area committee or of Nagar Panchayat, as the case may be, and in respect of all its rules, byelaws, taxes, and all other matters, whatsoever and the Nagar Panchayat shall continue in office and shall notwithstanding anything contained in this Act be deemed to be the municipal council until the appointment and election of members is notified by the State Government under section 27. (9) A municipality shall come into existence on such day as the State Government may, by notification, appoint in this behalf.” “5. Notification of intention to include a local area in a municipal area.- (1) The State Government may, by notification, and in such other manner as it may determine, declare its intention to include within a municipal area any local area in the vicinity of the same and specified in the notification. (2) Any inhabitant of a municipal area or local area in respect of which a notification has been published under sub-section (1) may, if he objects to the alteration proposed, submit his objection in writing through the Deputy Commissioner to the State Government within six weeks from the publication of the notification; and the State Government shall take such objection into consideration. (3) When six weeks from the publication of the notification have expired, and the State Government has considered the objections, if any, which have been submitted under sub-section (2) the State Government may, by notification, include the local area in the municipal area. (4) When any local area has been included in a municipal area under sub-section (3) of this Act, and, except as the State Government may, by notification, direct otherwise, all notifications, rules, bye-laws, orders directions and powers issued, made, or conferred under this Act and in force throughout whole of the municipal area at the time shall apply to such area.” “6. Notification of intention to exclude local area from a municipal area.- The State Government may, by notification and in such other manner as it may deem fit, declare its intention to exclude from a municipal area any local area comprised therein and specified in the notification.” “7. Exclusion of local area from a municipal area.- (1) Any inhabitant of a municipal area or local area in respect of which a notification has been published under section 6 may, if he objects to the exclusion proposed, submit his objection in writing through the Deputy Commissioner to the State Government within six weeks from the publication of the notification and the State Government shall take his objection into consideration. (2) When six weeks from the publication of the notification have expired and the State Government has considered the objections, if any, which have been submitted under sub-section (1), the State Government may, by notification, exclude the local area from the municipal area.” 12. It would be noticed that in terms of Section 4, the State Government is required to issue a Notification whereby it proposes any local area to be a municipal area under the Act. The Notification so issued under sub-section (1) of Section 4 is to define the limits of the local area to which it relates. In case, further area is to be included, then procedure as prescribed under Section 5(supra) is required to be followed whereby the State by a Notification has to declare its intention to include within a municipal area any local area in the vicinity of the same and specified in the Notification. 13. In case, further area is to be included, then procedure as prescribed under Section 5(supra) is required to be followed whereby the State by a Notification has to declare its intention to include within a municipal area any local area in the vicinity of the same and specified in the Notification. 13. Record reveals that the aforesaid procedure has not at all been followed and despite that additional areas of Khasra Nos.8284 and 8285 in Muhal Majhadesh under Gram Panchayat, Bakhnao have been included in the creation of Gram Panchayat, Ani. In addition thereto, additional areas of Khasra No.2184 to 2190 have been taken in Muhal Karana which were not there in the proposal in the notification issued under Section 4. Lastly, areas of Khasra Nos. 1171 to 1187, 2747, 2801, 2876 and 2877 which were not part of the Notification dated 25.08.2020 in Muhal Kungas have been included in the final Notification dated 27.10.2020, which is clearly in violation of the provisions of the Act. 14. It is more than settled that where a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all and other methods of performance are necessarily forbidden, This was so held by the Privy Council in Nazir Ahmad vs. King Emperor AIR 1936 PC 253 . 15. A Bench of three Hon’ble Judges of the Hon’ble Supreme Court in Chandra Kishore Jha vs. Mahavir Prasad and others (1999) 8 SCC 266 held as under:- “17. In our opinion insofar as an election petition is concerned, proper presentation of an election petition in the Patna High Court can only be made in the manner prescribed by Rule 6 of Chapter XXI-E. No other mode of presentation of an election petition is envisaged under the Act or the Rules thereunder and, therefore, an election petition could, under no circumstances, be presented to the Registrar to save the period of limitation. It is a well-settled salutary principle that if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner. (See with advantage : Nazir Ahrnad v. King Emperor, 63 Indian Appeals 372= AIR 1936 PC 253 ; Rao Shiv Bahadw Singh & Anr. It is a well-settled salutary principle that if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner. (See with advantage : Nazir Ahrnad v. King Emperor, 63 Indian Appeals 372= AIR 1936 PC 253 ; Rao Shiv Bahadw Singh & Anr. V. State of Vindhya Pndwh, 1954 SCR 1098 = AIR 1954 SC 322 . State of Utter Pradesh v. Singhan Singh & Ors., AIR 1964 SC 358 = (1964) 1 SCWR 57]..” 16. The said principle has been followed and reiterated by the Hon’ble Supreme Court in Cherukuri Mani w/o Narendra Chowdari vs. Chief Secretary, Government of Andhra Pradesh and others (2015) 13 SCC 722 wherein it was held as under:- “14. Where the law prescribes a thing to be done in a particular manner following a particular procedure, it shall be done in the same manner following the provisions of law, without deviating from the prescribed procedure. When the provisions of Section 3 of the Act clearly mandated the authorities to pass an order of detention at one time for a period not exceeding three months only, the Government Order in the present case, directing detention of the husband of the appellant for a period of twelve months at a stretch is clear violation of the prescribed manner and contrary to the provisions of law. The Government cannot direct or extend the period of detention up to the maximum period of twelve months, in one stroke, ignoring the cautious legislative intention that even the order of extension of detention must not exceed three months at any one time. One should not ignore the underlying principles while passing orders of detention or extending the detention period from time to time.” 17. Similar reiteration of law can be found in few other recent judgments of the Hon’ble Supreme Court in Municipal Corporation of Greater Mumbai (NCGM) vs. Abhilash Lal and others (2020) 13 SCC 234 , in Opto Circuit India Limited vs. Axis Bank and others (2021) 6 SCC 707 and in a very recent case decided by the Hon’ble Supreme Court on 25.07.2022 in Civil Appeal No. 4807 of 2022 arising out of SLP (C) No.19886/2019 titled Union of India and others vs. Mahendra Singh. 18. 18. It is more than settled that the function of the Government in establishing a Nagar Panchayat under the Act is neither executive nor administrative, but is a legislative process. Therefore, no judicial duty is laid on the Government in discharge of the statutory duties. The only question to be examined is whether the statutory provisions have been complied with. If they are complied with, then the Court would not interfere. However, in case, the statutory provisions are not complied with as is the case in hand, then obviously the establishment and declaration of the Nagar Panchayat by a Notification cannot be countenanced and is thus liable to be set aside. (Refer: Sundarjas Kanyalal Bhatija and others vs. Collector, Thane, Maharashtra and others (1989) 3 SCC 396 and State of Rajasthan vs. Ashok Khetoliya & Another 2022 (4) Scale 580 ). 19. Since, the instant petition can be disposed of on this singular ground, therefore, the other grounds as raised in this petition, need not be gone into. 20. Consequently, the instant petition is allowed and the final Notification dated 27.10.2020 is quashed and set aside. 21. Pending application, if any, also stands disposed of. 22. However, this order shall not come in the way of the respondents in case they intend or choose to undertake a fresh exercise after following the law for the creation of Nagar Panchayat, Ani, in future.