Courts On Its Own Motion v. State Of Himachal Pradesh
2018-01-04
SANDEEP SHARMA, SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Sandeep Sharma, J —By way of instant letter petition, received in the Office of Chief Justice of this Court on 10.10.2017, Pradhan, Gram Panchayat, Kheel, Development Block Karsog, District Mandi, Himachal Pradesh, highlighted the issue of great importance. Letter petitioner alleged that though constant efforts are being made by Central and State Governments to give more and more powers to Gram Panchayats to make them more effective and powerful, but on the other hand, resolutions being passed by Gram Panchayats are not being taken seriously by the concerned authorities, rather same are thrown in the dustbin. Letter petitioner further alleged that in normal circumstances, resolutions sent by the Gram Panchayats should be acknowledged/replied by the concerned departments within a reasonable period, but authorities do not deem it proper to reply the same and as such, Gram Panchayats remain unaware of decision, if any, taken upon the requests sent by them through resolutions for various development works in their respective area. 2. After having perused the averments contained in the letter petition, referred hereinabove, this Court while treating the same public interest litigation, directed the learned Additional Advocate General to have instructions in the matter. 3. Deputy Secretary (Panchayati Raj) to the Government of Himachal Pradesh, has submitted in his reply that as per provision of Section 9 of the Himachal Pradesh Panchayati Raj Act, 1994 read with Rules 24 to 31 to the Himachal Pradesh Panchayati Raj (General) Rules, 1997, the Gram Panchayats shall hold its meetings at least once in a month in the Office of the Gram Panchayat. In the said meeting of the Gram Panchayat, the details of income and expenditure of the preceding month in respect of each item shall be placed before the Gram Panchayat besides taking up other agenda items for discussion as decided by the Gram Panchayat. 4. Deputy Secretary has further stated in his affidavit that meeting of Gram Sabha is also convened by the Gram Panchayat for discussing various development and welfare schemes of the Government to be implemented in the jurisdiction of the Gram Panchayats as per provisions of Section 5 of the Himachal Pradesh Panchayati Raj Act, 1994. Affidavit of Deputy Secretary further reveals that Gram Panchayat after having discussed various issues pertaining to various departmental activities relating to different departments of the State, passes resolution and sent the same to the concerned department for necessary action.
Affidavit of Deputy Secretary further reveals that Gram Panchayat after having discussed various issues pertaining to various departmental activities relating to different departments of the State, passes resolution and sent the same to the concerned department for necessary action. Since, the Gram Panchayat is a constitutional body, it is incumbent upon the concerned department to reply the resolutions of Panchayats passed in relation to matter pertaining to their department. 5. It is quite apparent from the affidavit filed by the Deputy Secretary (Panchayati Raj) that there is mechanism in place, rather provided under Himachal Pradesh Panchayati Raj (General) Rules, which specifically provides that resolution of Panchayat passed in relation to matter pertaining to various department shall be duly replied and necessary action shall be taken upon the same. 6. Affidavit filed by the Deputy Secretary further reveals that since there is no mention with regard to resolution, if any, sent by the Gram Panchayat, Kheel to the different department, matter could not be got verified by the authority concerned. Since, it had come to the knowledge of the department that some of the representatives of different department as per Section 7(5) were not participating in the meeting of the Gram Sabhas, department had issued necessary directions to the Panchayats and DPOs as well as BDos for implementing the said provision of the Act. 7. Perusal of communication dated 2-3-2010 placed on record, suggests that officials from the departments of Agriculture, Veterinary, Primary Education, Forest, Irrigation, Public Health, Horticulture and Revenue, need to remain present in terms of Section 7(5 ) of Himachal Pradesh Panchayati Raj Rules, 1994 in the meeting of Gram sabhas. 8. Perusal of communication sent to this Court by Pradhan, Gram Panchayat, nowhere reveals specific instances, if any, where resolutions sent by it have been not dealt with and as such, there is/was no occasion for department of Panchayati Raj to respond to the allegations contained in the letter petition. It is ample clear from the documents placed on record by the respondent that there is already a provision in the Himachal Pradesh Panchayati Raj(General) Rules, 1997 as framed thereunder that Officers, as named above, shall remain present in the meeting of Gram Sabha, whereafter necessary action shall be taken on the resolution passed by the Gram Panchayats/Gram Sabhas, in accordance with law. 9.
9. At this stage, it would be profitable to reproduce Section 100 of the Panchayat Raj Rules, as under:- "100. Implementation of the resolution of the Panchayat Simiti:- (1) It shall be the duty of the Block Development Officer, assisted by the staff working under him, to faithfully implement and follow up the resolutions of the Panchayat Samiti. (2) . The responsibility for executing various schemes and works in accordance with the resolutions of the Panchayat Samiti and the instructions of the various departments shall be the responsibility of the Block Development Officer assisted by the staff working under him." 10. Consequently, in view of above, we see no reason to keep the present petition alive and as such, the same is closed. Before parting, we hope and trust that authority concerned i.e. Secretary, (Panchayati Raj) to the Government of Himachal Pradesh, shall issue appropriate directions to the concerned Department for redressal of grievances as highlighted by the letter petitioner so that efforts/endeavour persistently being made by the Central and State Government to strengthen the Panchayati Raj institutions is achieved. 11. The efforts put in by Mr. Vir Bahadur Singh, learned Amicus Curiae, who, on the instructions of this Court, contacted letter petitioner and obtained necessary feedback. 12. Registry is directed to send a copy of this judgment to the Secretary (Panchayati Raj) to the Government of Himachal Pradesh, for necessary action as well as to the letter petitioner to enable him to take follow up action with the concerned authorities.