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2018 DIGILAW 75 (UTT)

Gajendra Singh v. State of Uttarakhand

2018-02-27

SUDHANSHU DHULIA

body2018
JUDGMENT : 1. Mr. N.S. Pundir, Deputy Advocate General for the State/respondent nos. 1 to 4. 2. The petitioner is a member and respondent No.5 is an elected “Gram Pradhan” of Village Panchayat, Dimich Bhandroli. 3. The case of the petitioner is that a Gram Panchayat has to call for a meeting at least once in a month, which in the present case, is not being done since the inception of the Gram Panchayat in the year 2014. According to the petitioner, in this regard, he has made certain representations before the State Authorities but in vain. 4. Learned Senior Counsel for the petitioner relies upon Sections 19 and 21 of the Uttarakhand Panchayati Raj Act, 2016. Sections 19 and 21 read as under:- “Section 19. Powers of State Government in case of default of Gram Panchayat:-(1) If at any time, upon representation made or otherwise, it appears to the State Government that a Gram Panchayat, or joint Committee, or other Committee has made default in performing a duty imposed on it by or under this or any other enactment, the State Government may, by order in writing, fix a period for the performance of that duty. (2) If that duty is not performed within the period so fixed, the State Government, may appoint the District Magistrate, or any other competent authority to perform it and may direct that the expense, if any, of performing the duty shall be paid Gram Panchayat within such time as may be fixed by the District Magistrate or any other person authorized by the State Government in this behalf, by the Gram Panchayat. (3) If the expense is not so paid, the other prescribed officer authorized by the Director, Panchayati Raj, may by the previous sanction of the State Government, give such order directing the authority having the custody of the Gram Nidhi to pay the expenses from such fund. Section 21. Meetings, Powers, Duties, Functions and Administration of Gram Panchayats (1) A Gram Panchayat shall ordinarily meet for the transaction of business at least once every month but two months shall not intervene between two consecutive meetings. (2) The meetings of the Gram Panchayat shall be held at such place, date and time in such manner such as may be prescribed. Explanation-The convened meeting at the residence of Gram Pradhan/Up Pradhan shall be deemed illegal proceeding. (2) The meetings of the Gram Panchayat shall be held at such place, date and time in such manner such as may be prescribed. Explanation-The convened meeting at the residence of Gram Pradhan/Up Pradhan shall be deemed illegal proceeding. (3) Quorum-The quorum for the meeting of Gram Panchayat shall be one third of total members in which Pradhan and Up Pradhan also be included. For any adjourned meeting the quorum shall be one third but on incomplete quorum of meeting also in second time then the quorum for next meeting shall be one-fifth. (4) The procedure etc., in the meetings of Gram Panchayat shall be such as may be prescribed from time to time by the State Government. (5) Requirement of representation etc. of the Gram Panchayat shall be prescribed from time to time by the State Government. (6) Nothing in this Act confers any right to someone, within the territory of Nagar Nigam, Nagar palika, Nagar Panchayat, Notified area, Cantonment or Town area, to use any such right, which is vested in Nagar Nigam, Nagar Palika, Nagar Panchayat, Notified area committee, Cantonment Board, District Magistrate or in any other Magistrate or in Town area committee, as the case may be; Provided that the Gram Panchayat- (a) may construct, maintain and control within the aforesaid limits any school, library, hospital, dispensary, poor house, asylum, orphanage, inspection house or other building or institution which is not maintained exclusively for the benefit of persons residing within the aforesaid limits, and (b) may do anything within the aforesaid limits the doing of which is necessary for the efficient discharge of its functions under this Act.” 5. A bare perusal of the aforesaid provisions show that at least once in a month, meeting must be held by the Gram Panchayat, and moreover, under Section 19 of the Uttarakhand Panchayati Raj Act, the State Government is empowered to ensure that the Gram Panchayat performs its duties. 6. In view of the above, the writ petition stands disposed with the direction to the petitioner to move a representation before the Secretary, Panchayati Raj, Government of Uttarakhand who shall decide the same in accordance with law as expeditiously as possible.