Andhra Pradesh High Court - Amravati
Turimella Krishna Mohan, vs The State Of Andhra Pradesh, on 12 July, 2021
Author: Battu Devanand
Bench: Battu Devanand
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI.. MONDAY , THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE BATTU DEVANAND L.A No. 1 OF 2021 iN WP NO: 10503 OF 2021 Between: Turimella Krishna Mohan, S/o. Ramesh, ...Petitioner (Petitioner in WP 10503 OF 2021 on the file of High Court) AND 1. The State of Andhra Pradesh, Rep. by its Chief Secretary, The Gavernment of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Pri. Secretary, Panchayat Raj and Rural Development Department, Block No. 5, A.P. Secretariat, Velagapudi, Amaravathi 3. The State of Andhra Pradesh, Rep. by its Pri. Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi. 4. The State of Andhra Pradesh, Rep. by its Commissioner, Grama Volunteers/Ward Volunteers and Village Secretariats(Ward Secretariats Department, AP state Housing corporation lid, Plot no.11 and 12, backside of BSNL telephone exchange, near APHC colony, Autonagar, Vijayawada-520007. 5. The Commissioner, The Chief Commissioner of Land Administration (CCLA), D.NO 22-19 Floor ll, Block A, Jasthi Towers, Sai Puram Colony Road, Gollapudi, Vijayawada ~- 521225. _.Respondents (Respondents in-do-) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions by suspending impugned G.O. Ms. No. 2 dated 25.03.2021 as an interim measure, pending disposal of WP No. 10503 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Srinivasa Rao Narra Advocate for the Petitioner and of Advocate General for the Respondent, the Court made the following ORDER
HON'BLE SRI JUSTICE BATTU DEVANAND IN WRIT PETITION No.10503 OF 2021 Nee eee eee eee EE tanner ORDER:
This application is filed seeking to issue interim direction by suspending the impugned G.O.Ms.No.2, dated 25.03.2021 as an interim measure pending disposal of the writ petition.
2) Heard Sri Narra Srinivasa Rao, learned counsel appearing for the petitioner and Sri S. Sriram, learned Advocate General for the State of Andhra Pradesh appearing for the respondents and perused the material available on record.
3) The learned counsel for the petitioner submits that the | administration of Gram Panchayat has propounded the Article 243-G of the Constitution of India by way of 73°° constitutional amendment, dated 24.04.1993. The Parliament made crucial amendment to the Constitution to run the Panchayat in the local limits and its administration with independent functions within the Panchayat by conferring some powers to the Panchayats for its proper and effective administration.
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4) The State enacted the Andhra Pradesh Panchayat Raj Act, 1994, which pave the way for foundation to govern the Panchayat level system by way of effective measures through its elected representatives and also the Gram Panchayat comprising of Panchayat Secretary allied staff to execute the functions of the entire Gram Panchayat. The Panchayts having elected representatives of Sarpanch, Vice President and the Ward Members of the respective Wards. The administration will be overseen by the Panchayat Secretary, who will be appointed under the Rules issued in notification No.08/2013, dated 30.12.2013. The prescribed educational qualification for appointment of Panchayat Secretary is Bachelor Degree and the appointments shall be made by way of public notification issued by A.P.P.S.C, Up to now, the Panchayat Secretaries overseeing the entire administration of the Panchayat in the execution level and the Sarpanch will coordinate the affairs of the Panchayat. administration as he being the elected representative of the respective Gram Panchayat people.
5) The State Government took a decision to establish Gram Sachivalayams in the place of Gram Panchayats comprising 2000 population for a smooth administration and for that purpose issued G.O.Ms.No.110, Panchayat Raj and Rural Development (MDL-I) Department, dated % 19.07.2019 and G.O.Ms.No.149, Panchayat Raj and Rural Development (MDL-I) Department, dated 30.09.2019, Recently, the Government issued G.O.Ms.No.2 (Department of Gram Volunteers/Ward Volunteers and _ Village Secretariats/Ward Secretariats), dated 25.03.2021, in which taking away the functionary activities of Panchayat Secretary and giving them to Revenue Department more particularly to the V.R.Os. which would defeat the spirit of the Constitution and spirit of the Andhra Pradesh Panchayat Raj Act. The petitioner being,the elected representative (Sarpanch) of Thokalavanipalem Panchayat, is aggrieved by the issuance of G.O.Ms.No.2, dated 25.03.2021 as Gram Panchayat powers would be curtailed by the said G.O., he approached this Court by filing this Writ Petition.
6) On the other hand, Sri S. Sriram, the learned Advocate General, submits that though the G.O.Ms.No.2, - dated 25.03.2021, V.R.Os. have been made the cheque disbursing officers of the Functional Assistants, whose leave applications are also processed through the V.R.Qs. He further submits that the G.O. in question was the policy basis of the Government and it should be allowed to learn and evolve based on its experiences without the Courts interference at the stage. Learned Advocate General further submits that the Government had no any intention ' to create parallel power centers and that the Village Secretariat with the Functional Assistants are merely meant for the last/mile delivery of various welfare schemes,
7) Having heard the submissions of the learned counsel and upon perusal of the material available on record, in the considered opinion of this Court, for proper adjudication of the issue raised in this writ petition, it is appropriate to go through the relevant Articles of the Constitution of India which are extracted as hereunder:
8) Article 40 of The Constitution of India:
"40. Organisation of village panchayats: - The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government."
9) Article 243G of The Constitution Of India: -
243G. Powers, authority and responsibilities of Panchayats: -
Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to-
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
10) In the light of the Constitution (73 amendment) Act, 1992 whereunder Panchayats were made as "institutions of self government" and comprehensive provisions are incorporated for democratic decentralization of governance on the Gandhian principle of participatory democracy, the Legislature of the State of Andhra Pradesh has enacted Andhra Pradesh Panchayat Raj Act, 1994.
11) Section 4(2) of the Panchayat Raj Act, 1994 provides --
that subject to the provisions of the Act, the administration of the village shall vest in Gram Panchayat.
12) As per Section 243 of the Panchayat Raj Act, it is the duty of the Gram Panchayat to make reasonable provisions for carrying out the requirements of the village. Several duties and responsibilities were conferred on the Gram Panchayats in Chapter-II of the Act. In Chapter-II of xen Panchayat Raj Act under Section 45 the powers, functions of the Gram Panchayat are provided.
13) It appears that the State Government with intention to achieve the object of core theme of governance and with an aim to improve living standards of people through the concept of "Nava Ratnaiu", the government decided to establish the system of "Village Secretariats" consisting of required Functional Assistants to strengthen Gram Panchayats and provide services for every 2000 population in the state,
14) Accordingly, the Government issued G.O.Ms.No.110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019 to establish Village Secretariats with the following objectives:
| 9. Objectives, inter alia, include i. To provide various Government/other services at- the door steps of Citizens through single window system and ensure delivery of Navaratnalu.
ti. Enable convergence of all line departments that provide services at the Village level.
iii. Preparation and timely implementation of village plans.
iv. Mapping the field level functionaries with clearly specified roles making them accountable to Gram Panchayats/Gram Sabha with a _ well-defined Citizen Charter, v. Integrate the institution of village volunteers with village secretariat system enabling them to provide citizen services efficiently.
Structure and Composition of Village Secretariats is provided under para No.10 of the said G.O.
10. Structure & Composition of Village Secretariats.
i. "The _ office of Gram Panchayat will be termed as "Village Secretariat".
ii. Each Village Secretariat will be provided with a Panchayat Secretary who functions as the Secretary/Convenor of the Village Secretariat.
iii. The Village Secretariat consisting of Panchayat Secretary & functional assistants shall be responsible to aid and assist Gram Panchayat(s) in performing its functions, while preserving the autonomy of Gram Panchayats.
iv. Subject to administrative convenience, Functional Assistants working under a Village Secretariat, may cater to the needs of two or more contiguous Village Secretariats.
v. The Village Secretariats shall have such number ~ of functional assistants working under the supervision of the Gram Panchayat inter alia not limited to the list enumerated in Annexure 2.
15) As per the said G.O., Village Secretariat shall endeavour to provide services pertaining to the subjects delegated to them from time to time, as per well-defined Citizen Charter, being accountable to Gram Panchayats.
16) At para No.13 (ii) it is provided that the Panchayat Secretary of the village secretariat acts as DDO (Drawing 4 4 OD and Disbursing Officer) and the Pay and Allowances of all the staff of Village Secretariat will be disbursed by her/him. The Honorarium of Village Volunteers also will be paid by the Panchayat Secretary. As per para No.13 (ii) of the said G.O., the casual leave of the Village Functionaries will be sanctioned by the Sarpanch of the Gram Panchayat.
17) Subsequently, the State Government -- issued G.O.Ms.No.149, Panchayat Raj and Rural Development (MDL-1) Department, dated 30.09.2019 prescribing the job chart of Panchayat Secretary and Functional Assistants of Village Secretariat. In the said G.O. also it is stated that "the office of Gram Panchayat will be termed _as "Village Secretariat" and all the Village Secretariat Functionaries are also the employees of the Local Government and are responsible to the Gram Panchayat. The Panchayat Secretary of each Village Secretariat shall function as the Secretary/Convener to the Village Secretariat. The Functional Assistants of line Department will function as per the job chart provided by their respective line departments and also report to the Gram Panchayat.
18) In para No.22 it is contemplated that the Functional Assistants shall apply for the casual leave to the Sarpanch of the Gram Panchayat. The Panchayat Secretary is the executive authority and also Convener/Secretary to the Village Secretariat of the Gram Panchayat. The Panchayat Secretary have power to initiate disciplinary action against the employees of the Village Secretariat. As per the said G.O. the Panchayat Secretary of the Village Secretariat, acts as Drawing and Disbursing Officer and Pay and Allowances of all the staff of Village Secretariat will be disbursed by him/her. The Honorarium of Village Volunteers also will be paid by the Panchayat Secretary.
19) It appears, the intention of the State Government at the time of issuing G.O.Ms.No.110, Panchayat Raj and Rural Development (MDL-I) Departmant, dated 19.07.2019 and G.O.Ms.No.149, Panchayat Raj and Rural Development (MDL-I) Department, dated 30.09.2019 is that to improve living standards of the people and to provide various Government/other services at the door steps of citizens _ through single window system and to enable coverage of all line departments that provide services at the village level, it is decided to establish Village Secretariat system to strengthen the Gram Panchayats.
20) It appears originally as per G.O.Ms.No.110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019 and G.O.Ms.No.148, Panchayat Raj and Rural Development (MDL-I) Department, dated 30.09.2019, it is decided that "the office of 'Gram Panchayat' will be termed 4 10 as 'Village Secretariat' " and the Village Secretariats consisting of Panchayat Secretary and Functional Assistants shall be responsible to aid and assist Gram Panchayats in performing its functions, while preserving the autonomy of Gram Panchayat.
21) To achieve this object, the Government prescribed modalities and job chart of Panchayat Secretaries and Village Functionaries vide the said Government Orders. The Panchayat Secretaries are entrusted with the work as Drawing and Disbursing Officers of the Village Secretariat including the staff of Village Secretariat and Village Volunteers. The Functional Assistants of the Village Secretariat have to apply for the casual leave to the Sarpanch of the Gram Panchayat. It appears providing such powers to the Sarpanch and the Panchayat Secretary, the intention of the State Government ts to ensure that the Functional Assistants of Village Secretariat are to accountable to the Gram Panchayat as they have to attend different types of programmes and schemes to be implemented at the Gram Panchayat level.
22) But, upon perusal of G.O.Ms.No.2 (Department of Gram Volunteers/Ward Volunteers and Village Secretariats/ Ward Secretariats), dated 25.03.2021, it is clear that the executive functions and administrative functions of the 1] Sarpanch of the Gram Panchayat and Panchayat Secretary are modified. The reason stated in the said Government Order for the said modification is to ensure better service delivery and coordination between Gram Panchayat and Village Secretariat in public interest.
23) On careful examination of the language employed in G.0.Ms.No.2 (Department of Gram Volunteers/Ward Volunteers and Village Secretariats/ Ward Secretariats), dated 25.03.2021 and purpose mentioned for such modification in the said Government Order, it is clear that in the opinion of the State Government the 'Gram Panchayat' and 'Vilage Secretariat' are different. In G.O.Ms.No.110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019 and G.O.Ms.No.149, Panchayat Raj and Rural Development (MDL-1) Department, dated 30.09.2019, it is stated that "Gram Panchayat will be termed as 'Village Secretariat' ", but, in the G.O.Ms.No.2 (Department of Gram Volunteers/Ward Volunteers and Village Secretariats/ Ward Secretariats), dated 25.03.2021, it is stated that for proper coordination between Gram Panchayat and Village Secretariat, these modifications are issued.
24) It appears State Government having such view that Gram Panchayat and Village Secretariat are different and to bring proper coordination between both of them, issued state, Tare ~ G.O.Ms.No.2. (Department of Gram Volunteers/Ward Volunteers and Village =ecretariats/Ward Secretariats), dated 25.03.2021 which is contrary to the aims and objects of establishment of Village Secretariats.
25) In the light of Article 40 and 243-G of the Constitution of India and Section 4 (2) of the Andhra Pradesh Panchayat Raj Act, in the considered opinion of this Court that the Gram Panchayat was an institution of self governance and the administration of the village vested in it.
26) In view of the above, there is no doubt to this Court that the State Government encroached into the administration and functions of the Gram Panchayat vested under Article 243-G of the Constitution of India and the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and the Rules made thereunder.
27) The contention of the petitioner that the State | Government with intention to create parallel power centers in Villages, established Village Secretariats appears to be true, It is also the considered opinion of this Court is that taking away the powers of Sarpanch and Panchayat Secretary by way of G.O.Ms.No.2, dated 25.03.2021, they will not have any control on the Functional Assistants of Vilage Secretariat and it will have severe impact in implementing different types of programmes and schemes a eae 13 to be implemented at the Gram Panchayat level and it will definitely defeat the object of 73 amendment of the Constitution of India.
28) If such action of the State Government is permitted, it would render the Gram Panchayat not as an institution of self Government, but, as a puppet in the hands of the respondents as held by this High Court in Gollapalli Gangadhara Rao and others vs. State of Andhra Pradesh and others'.
29) The views of this Court on this aspect is fortified by the judgment of the Hon'ble Apex Court in Village Panchayat, Calangute v. Additional Director of Panchayat-II and others' in which it was held at paras 21, 22 and 23 as extracted hereunder:
"21. The Preamble, Part IV and Part IX of the Constitution must guide our understanding of the Panchayati Raj institutions and the role they play in the lives of the peaple in rural parts of the country. The conceptualization of the Village Panchayat as a unit of self-government having the responsibility to promote social justice and economic development and as a representative of the people within its jurisdiction must be borne in mind while interpreting the laws enacted by the State which seek to define the ambit and scope of the powers and the functions of Panchayats at various levels.
*2015(4) ALD 44 * (2012) 7 SCC 550 4 8 14
22. An analysis of Article 40 and Articles 243 to 243-0 shows that the Framers of the Constitution had envisaged the Village Panchayat to be the foundation of the country's political democracy - a decentralized form of Government where each village was to be responsible for its own affairs. By enacting the Constitution (Seventy-third Amendment) Act, Parliament has attempted to remedy the defects and remove the deficiencies of the Panchayati Raj System evolved after Independence, which failed to live up to the expectation of the people in rural India. The provisions contained in Part IX provide firm basis for self-governance by the people at the grass root through the institution of Panchayats at different levels.
23. For achieving the objectives enshrined in Part IX of the Constitution, the State Legislatures have enacted laws and made provision for devolution of powers upon and assigned various functions listed in the Eleventh Schedule to the Panchayats. The primary focus of the subjects enumerated in the Eleventh Schedule jis on social and economic development of the rural parts of the country by conferring upon the Panchayat the status of a constitutional body. Parliament has ensured that the Panchayats would no longer perform the role of simply executing the programs and policies evolved by the political executive of the State. By virtue of the provisions contained in Part IX, the Panchayats have been empowered to formulate and implement their own programs of economic development and social justice in tune with their status as the third tier of government which is mandated to represent the interests of the people living within its jurisdiction, The system of Panchayats envisaged in this Part aims at establishing strong and accountable systems of governance that will in turn ensure more equitable distribution of resources in a manner beneficial to all."
30) In view of the above, in our opinion, there is no any substance in the submissions of the learned Advocate General and we are unable to accept the same.
31) Therefore, this Court is of the prima facie opinion that the impugned G.O.Ms.No.2 (Department of Gram Volunteers/Ward Volunteers and Village Secretariats/Ward Secretariats), dated 25.03.2021 is issued in violation of Articles 40, 243-G of the Constitution of India, Section 4 (2) of Andhra Pradesh Pancnayat Raj Act, 1994 and against to the aims and objects mentioned in G.O.Ms.No.110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019 and G.O.Ms.No.149, Panchayat Raj and Rural Development (MDL-I) Department, dated 30.09.2019° and accordingly, it is hereby suspended forthwith, pending further orders,
32) Accordingly, 1.A.No.1 of 2021 is allowed. fy ASSISATNT REGISTRAR {TRUE COPY! hy r SECTION OFFICER To
1. The Chief Secretary, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi.
2. The Pri. Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Block No. 5, A.P. Secretariat, Velagapudi, Amaravathi
3. The Pri. Secretary, Revenue Department, State of Andhra Pradesh, A-P. Secretariat, Velagapudi, Amaravathi.
Co SO TVR The Commissioner, Grama Volunteers/Ward Volunteers and Village Secretariats/Ward Secretariats Department, State of Andhra Pradesh, AP State Housing corporation ltd, Plot no.11 and 12, backside of BSNL telephone . exchange, near APIIC colony, Autonagar, Vijayawada-520007.
The Commissioner, The Chief Commissioner of Land Administration (CCLA), D.NO 22-19 Floor fl, Block A, Jasthi Towers, Sai Puram Colony Road, Gollapudi, Vijayawada - 521225.(1 to 5 by RPAD) One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] Two CCs to Advocate General, High Court of Andhra Pradesh. [OUT] One spare copy 'HIGH COURT DEVJ DATED:12/07/2021 ORDER iA No. 1 OF 2021 IN WP NO: 10503 OF 2021 LA. 1S ALLOWED ar Dy Rs s se XY x Sy Ne