Research › Search › Judgment

Madhya Pradesh High Court · body

2007 DIGILAW 1038 (MP)

Anandilal Chourasia v. State of M. P.

2007-09-25

A.K.PATNAIK, A.M.SAPRE, S.S.JHA

body2007
Judgement A. K. PATNAIK, C.J. :- The petitioner No.1 is an Advocate from village Patna Tamoli; Thana Saleha, Tahsil Gunor, District Panna. The petitioner No.2 is a retired Government Servant from the same village Patna Tamoli. On 5-8-2002, one Mallu Sen, aged about 70 years, expired in village Patna Tamoli. Next morning, when preparations were made for his funeral, Smt. Kuttibai, his wife, jumped on to the funeral pyre and died. The incident got wide publicity and the State Government set up an inquiry and a team of State Commission for Women went to village Patna Tamoli and submitted a report. The cabinet of the State Government took a decision to stop all kinds of financial assistance to Patna Tamoli Gram Panchayat for a period of two years and also requested the Central Government not to extend any financial assistance to the Gram Panchayat. This decision of the State Government was communicated by a letter dated 28-8-2002 of the Secretary, Panchayat and Rural Development Department to the Chief Executive Officer, district Panchayat, Panna, a copy of which has been annexed as Annexure P/6. Aggrieved, the petitioners have filed this writ petition as a public interest litigation praying to the Court to quash the decision of the State Government in Annexure P/6 and also praying to the Court to direct the State Government to implement all the schemes of the State Government and the Central Government relating to development in village Patna Tamoli. 2. When the writ petition came up for hearing on 27-2-2003, the Division Bench, after hearing the learned counsel for the petitioners and the respondents, was of the view that the matter is of great importance and should be considered and decided by the Full Bench. This is how the writ petition has been referred to us for decision. 3. We have heard Mr. Naman Nagrath, learned counsel appearing for the petitioners and Mr. Vijay K. Shukla, learned Dy. AG, appearing for the respondents and we are of the considered opinion that the decision of the State Government conveyed in Annexure P/6 to stop all financial aid to village Patna Tamoli is unconstitutional and cannot be sustained for reasons which we will now state. 4. The Council of Ministers exercises the executive power that has been vested in the Governor of the State under Article 154 of the Constitution of India. 4. The Council of Ministers exercises the executive power that has been vested in the Governor of the State under Article 154 of the Constitution of India. The executive power of the State has to be exercised consistent with the directive principles of State policy contained in Part IV of the Constitution of India. Article 37 in Part IV of the Constitution provides that the provisions in Part IV of the Constitution shall not be enforceable by any Court but the principles laid down in the part are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply the principles in making laws. Article 38 in Part IV of the Constitution states that the State shall strive to promote the welfare of the people by securing and protecting as effectively, as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life. Article 40 in Part IV of the Constitution states that 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 48 in Part IV of the Constitution provides that the State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds. In accordance with these principles, the Central Government and the State Government have formulated various schemes for the welfare of the people living in villages and for organization of village panchayats and development of agriculture and animal husbandry on modern and scientific lines and have been providing aids and funds for implementation of such schemes in the villages. 5. If for some good reason such as inability on the part of the State Government to provide necessary funds, the State Government takes a decision not to implement a particular scheme for development of a village, then perhaps the High Court in exercise of its power under Article 226 of the Constitution may not be able to issue any writ or direction to the State Government to implement the scheme. This is because the provisions contained in Part IV of the Constitution are not enforceable in any Court. This is because the provisions contained in Part IV of the Constitution are not enforceable in any Court. But in a case where the State Government takes a decision to withhold all financial aid to a village and not to implement any of the Schemes of the State Government or the Central Government for the development of the village on the ground that some people of the village have committed or abetted the commission of offence, which is punishable under the law, such a decision of the State Government would obviously be arbitrary and ultra vires Article 14 of the Constitution. 6. We are told by Mr. Vijay Shukla, learned Dy. AG appearing for the respondents, that after investigations were carried out into the incident, a charge-sheet was filed against some of the accused persons and the accused persons have also, in the meanwhile, been convicted by the Special Court constituted for trying the offence. Hence, the State Government has taken all necessary steps to prosecute and punish all those who are involved in commission of offence. The further decision of the State Cabinet to withhold all financial aid and not to implement the schemes for welfare in village Patna Tamoli was, therefore, uncalled for and was arbitrary and violative of Article 14 of the Constitution. 7. For the aforesaid reasons, we quash the impugned decision of the State Government in Annexure P/6 and direct the respondents to implement all the schemes for development and welfare of the villages as are being implemented in other villages in the State of Madhya Pradesh in village Patna Tamoli. 8. With the aforesaid directions, the writ petition is allowed. The security amount, if any paid by the petitioners be refunded to the petitioners. Petition allowed.