Document Fragment View

Matching Fragments

{4} wp 359.18.odt 4 According to the petitioners, the Chief Executive Officer, Zilha Parishad, Osmanabad accorded administrative sanction for carrying out 206 works of different characters within the jurisdiction of various Grampanchayats in Parlivaijnath taluka on 28.12.2016. The Zilha Parishad released funds amounting to Rs.6,52,88,600/- to the Panchayat Samiti Parlivaijnath for carrying out 206 works on 31.3.2017. According to the petitioners, out of 206 works to be undertaken within the jurisdiction of various Grampanchayats in Parlivaijnath taluka, about 43 work-orders have been issued to Grampanchayat and out of 43 works, 18 works are completed and remaining are in progress. It is further contended that so far as remaining 163 works are concerned, the respective Grampanchayats have completed the process in respect of execution of the works and submitted proposals to the Panchayat samiti for issuance of work orders. It is the allegation of the petitioners that general elections to the Grampanchayats in Parlivaijnath Taluka were held and most of the Grampanchayats which were under the control of ruling party at the State level have come under the control of elected bodies, having allegiance to the rival political party. In the month of December, 2017, almost after one year of the allotment of the funds by the State Government and after about 9 months of release of funds by the Zilha parishad to the {5} wp 359.18.odt Panchayat samiti for carrying out the works, at the instance of Honourable Minister for Rural Development, with a malafide intention, the respondent State has issued a corrigendum to the Government Resolution dated 24.10.2016, where-under, 101 works which were being undertaken by the concerned Village Panchayts, were withdrawn and those were allotted to the Public Works Department (PWD). It is the contention of the petitioners that there is absolutely no ground for transfer of the part of the works out of total 206 works to the PWD. It is alleged by the petitioners that since the concerned village panahayats are under the control of rival political group, only works which are being undertaken at the village panchayats controlled by the opposition parties, numbering 101 works out of 206 total works have been withdrawn. It is the contention of the petitioners that the act of the State Government shall have to be tested on the touch stone of fairness and since it is alleged that the village panchayats under the control of opposition party are being extended discriminatory treatment, the impugned corrigendum dated 30.12.2017 deserves to be quashed and set aside. 5 On the contrary, it is the contention of the respondent State that the funds have been allotted by the State Government for carrying out the developmental works within the jurisdiction {6} wp 359.18.odt of various village panchayats in Parlivaijnath Taluka. Such developmental schemes are undertaken through out the district. The respondent contends that it is the prerogative of the State Government to prescribe the implementing agency for carrying out the developmental works. The Government Resolution dated 27.3.2015 prescribes modalities for carrying out developmental works suggested by the representatives of the people. Our attention is invited to clause 'D' of the Govt. resolution dated 27.3.2015 to contended that the State Govt. is expected to take final decision in respect of implementing agency for carrying out the developmental works suggested by the representatives of people. The respondent also contends that the funds released by the State Government were never deposited in the accounts of village panchayats and the amount sanctioned by the State Government does not form a part of the village fund as contemplated under section 57 of the Maharashtra Village Panchayat Act. It is the contention of the State that since the funds released by the State Government has not become the part of the village fund, the concerned village panahayat does not have any control over utilization of the funds and also in respect of implementation of the project works, as suggested by the representative of people. It is contended that the provisions contained in Chapter IX of the Constitution enables the State {7} wp 359.18.odt Government to enact law, consistent with the constitutional provisions. It is contended that though certain works have been enlisted/serialized in XIth schedule of the Constitution, it does not necessarily mean that it is only the concerned village panahayat which shall be responsible for carrying out the developmental works. It is thus contended that the administrative decision taken by the State Government of appointing an implementing agency in accordance with the Govt. resolution dated 27.3.2015 and issuance of subsequent corrigendum dated 30.12.2017 is not liable to be interfered with. 6 The State has enacted The Maharashtra Village Panchayats Act, 1959 with an object of amending and consolidating the law relating to the constitution and administration of village Panchayat in the State of Bombay with a view to establishing a village Panchayat for every village and investing with such powers and authority as may be necessary to enable them to function as unit of local self Government and for carrying out all developmental activities in the rural areas. The Act provides for constitution of village Panchayat and administration of local bodies. The establishment of village panahayat in the State is in consonance with the constitutional mandate prescribed under Chapter IX of the Constitution of India. The composition of village {8} wp 359.18.odt Panchayat is provided under article 243-C. The power, authority and responsibilities of Panchayats have been prescribed in article 243-G. It is provided that subject to the provisions of the constitution, the legislature of a State may, by law, endow the panchayat with such power and authority, as may be necessary to enable them to function as institutions of self Government and such law may contain provisions for devolution of powers and responsibilities upon all Panchayats at appropriate level subject to such conditions as may be specified thereunder with respect to :