Punjab-Haryana High Court
Gram Panchayat Village Barona vs State Of Haryana & Others on 29 February, 2012
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No. 20977 of 2011 -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
CWP No. 20977 of 2011
Date of Decision: 29.2.2012
Gram Panchayat Village Barona, Block Kharkhoda, District Sonepat
......... Petitioner
Versus
State of Haryana & others
............ Respondents
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CORAM : HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Vikram Singh, Advocate
for the petitioner.
Ms. Kirti Singh, DAG, Haryana
for the respondents.
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1. To be referred to the reporters or not?
2. Whether the judgment should be reported in the digest.
RAJIV NARAIN RAINA, J.
1. In this petition the Gram Panchayat Village Barona, Block Kharkhoda, District Sonepat is before this Court praying for a writ of certiorari for setting aside the order dated 25.10.2011 (P-8) passed by the Deputy Commissioner, Sonepat. The impugned order has been passed in pursuance of the order (P-7) passed by this Court in CWP No. 17722 of 2011 on 21.9.2011 directing the Deputy Commissioner, Sonepat to take decision on the representation of the Gram Panchayat. The complaint in the previous petition as in the present one is that grant sanctioned to Gram Panchayat for development purpose cannot be handed over to any Government officer within the Panchayat. The funds are required to be placed at the disposal of the Gram Fund to be utilized by the Gram Panchayat for carrying out sanctioned development work within the village. By the impugned order the Deputy Commissioner, Sonepat has directed that for the development of Adarsh (Model) Village Barona a grant of Rs. 1,31,31000/- was sanctioned by the Financial Commissioner-cum- Secretary, Development and Panchayat Department, Government of Haryana, CWP No. 20977 of 2011 -2- Chandigarh on 28.7.2011. From this total amount an initial amount of Rs. 53,70500/- had been sent to the Executive Engineer, Panchayati Raj, Sonepat by the Chief Engineer, Panchayati Raj, Haryana for the sanctioned purpose, that is, to carry out the civil work. The Deputy Commissioner has held that the amount in the account of the Gram Panchayat and the expenditure be done for the additional work would remain in the account of the Executive Engineer, Panchayati Raj, Sonepat to complete the development work in the Model Village, Barona. To achieve the result, the Deputy Commissioner, Sonepat sought the guidance of the Director Panchyayat to Government of Haryana who had advised that it should be so done.
2. The propriety of this order has been questioned in this petition. The issue involved in this case is not res integra. The issue is in fact covered by an elaborate and lucid decision of this Court rendered in CWP No. 15833 of 2011 decided by this Court speaking through Alok Singh J. in the case of Gram Panchayat Village Mann v. State of Punjab & others decided on 26.8.2011. This Court held as follows:-
"From the combined reading of Sections 2(za), 10, as well as, Article 243-G of the Constitution of India, it can safely be said that Gram Panchayat shall be constituted for the area which shall be body corporate and institution of self-Government having independent jurisdiction for the purposes defined under Article 243-G of the Constitution of India, as well as, under Section 30 of the Act.
In the opinion of this Court, if Gram Panchayat is the body corporate and is an institution of self-Government after the induction of Part IX, then, of course all the funds of the Gram Panchayat for the purposes mentioned in Section 30 of the Act can only be utilized by the Panchayat and not by any officer of the Government. Therefore, action on the part of the government directing to utilize the funds of the panchayat through the Government officer is totally unconstitutional, illegal and ipso facto nullity. Thus, petitioner is right in saying that grant issued in favour of the petitioner
- Gram Panchayat cannot be directed to be utilized through CWP No. 20977 of 2011 -3- the Executive Engineer or Block Development and Panchayat Officer. State Government has no jurisdiction to issue directions that Panchayat Funds (in the shape of Government grant) shall be utilized by the Government officers/officials. However, if Government finds that grants are not being utilized for the purpose grants were sanctioned or are being embezzled, government can take suitable action against the Sarpanch/Panches, in accordance with law i.e. under Section 20(1)(e) explanation
(iii) of Punjab Panchayati Raj Act, 1994 and under the penal laws.
3. On notice having been issued, the respondent State has filed a written statement. Dismissal of the petition is prayed for on the ground that the writ has no merit. There can be no doubt that the physical development work has to be carried out by Engineers serving in the cadre of Panchayati Raj institutions. There may be the executing agency being specialists in construction work but the law does not authorize them to control spending/expenditure independently and at the back of the Gram Panchayat, which alone has control over the Gram Fund established under the Haryana Panchayati Raj Act, 1994.
4. I have heard the learned counsel for the parties and have been taken through the relevant provisions of the Act and the Constitutional provisions i.e. Articles 243-D & 243-G. Though the decision rendered in the Gram Panchayat, Village Mann v. State of Punjab deals with Punjab provisions, the Haryana provisions are in pari materia and, therefore, the judgment rendered in the Punjab matter (P-9) would govern this case as well. Learned counsel for the State of Haryana has not been able to distinguish the aforesaid case on the legal question involved.
5. I respectfully follow and apply the ratio of the decision rendered by Alok Singh J. to the present case.
6. Consequently, I allow this petition, quash the impugned order Annexure P-8 and direct the respondents to credit the funds sanctioned for the development work of Adarsh (Model) Village Barona for construction of streets CWP No. 20977 of 2011 -4- etc. to the Gram Fund of Gram Panchayat Village Barona, Block Kharkhoda, District Sonepat. Directions are issued to the official respondents to transfer the amount from the account of the Executive Engineer, Panchayati Raj, Sonepat to the Gram Fund within ten days from the date of receipt of a certified copy of this order furnished by the petitioner-Gram Panchayat to the respondents.
7. Needless to say that the Gram Panchayat and the executing agency / Executive Engineer, Panchayati Raj, Sonepat would cooperate with each other for timely execution of the development work for which the fund was sanctioned. In case any party creates any obstruction in the timely execution of the project it would have the liberty to file an application in this matter even after disposal for appropriate orders so that public interest is promoted.
29.2.2012 (RAJIV NARAIN RAINA) 'sp' Judge