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13. Heard learned counsels for the parties and perused the relevant referred records.

RELEVANT PROVISIONS

14. Before the arguments raised by learned counsels for the parties are considered, it would be apt to extract the relevant provisions of the Constitution of India, the Act and the Rules.

RELEVANT PROVISIONS OF CONSTITUTION OF INDIA.

―Article 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. Article 243G. Powers, authority and responsibility 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-

16. Taking the mandate of Article 40, Article 243G further provides that the State may by law achieve the objectives as enshrined in Article 40 of the Constitution of India and such law may contain provisions for devolution of powers and responsibilities on Panchayats, subject to such conditions as may be specific therein. It was in exercise of powers conferred under the Constitution of India that the Jammu and Kashmir Panchayati Raj Act, 1989 was enacted. The Preamble of the Act is in line with the provisions of the Constitution of India. It provides for effective participation of the Sarpanches/Panches in the decision making process and for over-seeing implementation of the development programs. The idea is for participation of the people at grass root level in the development programs as they are the persons who better know the requirements in the area as compared to the senior officers who sometimes plan while sitting in their air-conditioned offices. And further the participation is for the purpose of effective implementation of the schemes. For the development plans the Sarpanches, Panches and other members are available at the ground level to oversee the development work.