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Showing contexts for: devolution of powers in Vipul Jain vs State Of Uttarakhand And Others on 17 October, 2019Matching Fragments
21. Section 243(d), in Part-IX of the Constitution, defines 'Panchayat' to mean an institution (by whatever name called) of self- government, constituted under Article 243-B, for the rural areas. Article 243-B relates to constitution of panchayats, and clause (1) thereunder provides for the constitution, in every State, of Panchayats at the village, intermediate and district levels in accordance with the provisions of Part-IX. Article 243-G relates to the powers, authority and responsibility of panchayats and, thereunder, the State Legislature is conferred the power, by law, to endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government; and for such law to 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, among others, the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to matters listed in the Eleventh Schedule.
45. Mr. Abhijay Negi, learned counsel for the petitioners, would rely on Avtar Singh13, to submit that the High Court can issue directions to the State Government to prevent corrupt electoral malpractices. In the said judgment, the Supreme Court, while observing that they were aware that creation or abolition of post was a policy decision of the Government with which the Court usually does not interfere, held that, having regard to the devolution and decentralisation of power as well as the constitutional mandate engrafted in Articles 243 to 243-O, the appropriate authority should create the post of Block Development and Panchayat Officer which was the statutory obligation of the authority, so that the incumbent of the said post would discharge his statutory duties as engrafted in the Act and the Rules made thereunder.