Patna High Court - Orders
Saran Zila Mukhiya Sangh vs The State Of Bihar & Ors on 4 February, 2017
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 19591 of 2016
Along with
Interlocutory Application No. 748 of 2017
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Saran Zila Mukhiya Sangh through the Chairman Sri Ashok Kumar Singh,
Son of Late Ramakant Singh, resident of Village and P.O. Nawada, P.S.
Jalalpur, District- Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar,
Patna.
2. The Principal Secretary, Panchayati Raj Department, Government of
Bihar, Patna.
3. The District Magistrate, Saran at Chapra, District- Saran at Chapra.
4. The District Panchayat Raj Officer, Saran at Chapra, District- Saran at
Chapra.
5. The District Planning Officer, Saran at Chapra District- Saran at Chapra.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S. B. K. Mangalam, Advocate
For the State : Mr. Kumar Alok, S.C. 7
Mr. Neeraj Kumar, J.C. to S.C. 7
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
5 04-02-2017Learned counsel for the parties have assisted the Court.
Re.: Interlocutory Application No. 748 of 2014 The present writ application has been filed for amendment of the writ petition by seeking further relief i.e., for quashing the letter No. 465 dated 27.01.2017 issued by the respondent no. 2 by which a direction has been given to use at least 80% of the grant received by the Panchayats, pursuant to the recommendation of the 14th Finance Commission, for Patna High Court CWJC No.19591 of 2016 (5) dt.04-02-2017 2/3 implementation of schemes in terms of Memo No. 6278 dated 23.09.2016 and Memo No. 6846 dated 25.10.2016.
In view of the relief being sought through amendment being in continuation of the relief sought in the main writ application, the prayer is allowed. The challenge to Letter dated 27.01.2017 shall form part of the relief in the main writ application.
Interlocutory Application No. 748 of 2017 stands disposed off.
Re: Civil Writ Jurisdiction Case No. 19591 of 2016 From the pleadings and the submissions made, basically the Court would be required to consider the action of the State Government relating to utilization of funds either coming to the Panchayats directly under the 14th Finance Commission or allocated by the State, inasmuch as, whether the final authority to decide a scheme and to implement the same rests totally with the local bodies or the State can give directions with regard to the manner and the scheme on which such money has to be spent. The Court deems it appropriate to refer the matter to the Division Bench as it has wider ramifications and tentatively, the Court is of the view that judicial interference may be required to ensure that empowerment of grassroot democracy, which is the mandate of Patna High Court CWJC No.19591 of 2016 (5) dt.04-02-2017 3/3 the Constitution, has to be ensured, both in letter and spirit.
Accordingly, the matter be placed before a Division Bench, after obtaining orders of Hon'ble the Chief Justice.
In view of the submissions of learned counsel for the petitioner that as per the direction a new account has been opened and even funds are diverted to such account and being forced to be spent on schemes decided by the State Government and not by the Panchayat, an opportunity is granted to mention the matter before the Hon'ble the Chief Justice for early hearing.
It goes without saying that any such divergence of funds shall be subject to the result of the writ petition.
Learned counsel for the parties shall file a legible copy of their pleadings within a week for preparing of the second copy of the brief for the Court.
(Ahsanuddin Amanullah, J.) P. Kumar U