Md. Umed Ali Ansari son of Md. Sobrati Ansari v. State of Jharkhand through the Chief Secretary, Government of Jharkhand
2019-12-03
B.B.MANGALMURTI
body2019
DigiLaw.ai
ORDER : 1. Heard learned counsel for the petitioner and learned counsel for all the respondents. 2. Instant writ application has been filed for following reliefs:- (A) For direction to the respondents to strictly follow and implement the provisions of the Panchyat Raj Act, the relevant rules for effective functioning of the Panchayat Samitis, Barhet Block, District Sahebganj, so that the Constitutional mandate and the aims and purposes of Jharkhand Pachayat Raj Act, 2001 is fulfilled and the common people of this area get full benefits of development through the Pachayat Samiti. (B) For direction to the concerned respondents to follow and implement the provisions of the Jharkhand Panchayat Raj (Term of the Members of the Standing Committee and Procedure of Functioning) Rules, 2011 as notified being GSR 685 dated 16.05.2011 (Annexure-2 to this writ application). (C) For direction to the concerned respondents for effective implementation of the provisions of Rule 3 of the Jharkhand Panchayat Raj (Term of the Members of the Standing Committee and Procedure of Functioning) Rules, 2011 and to implement the decisions/recommendations of the Panchayat Samiti, Barhet Block, District Sahebganj and also consider the report submitted by them. (D) For necessary direction to the concerned respondents so that elected representatives of the Panchayat Samiti effectively implement the provisions of the Jharkhand Gram Panchayat Raj Act, its Rules and the constitution of the committees under the aforesaid rules is not made an empty formality and thereby to frustrate the objects of the Constitution of India and the provisions of Jharkhand Panchayat Raj Act/Rules. (E) For any other appropriate reliefs for which the petitioner may be found entitled in law and equity. 3. Learned counsel for the petitioner submitted that system of Panchayti Raj had not been implanted and consequence effect is that they are not functioning according to the provisions of Act and Rules. 4. It is submitted that petitioner being Chairman of the Education, Health, Forest and Environment Committee as well as the Women, Child and Social Welfare, the concerned respondents are not ready to follow and implement the provisions of Section 76 of the Act of 2001, rather tried to humiliate the petitioner. The petitioner made a complaint to the Chief Secretary, Government of Jharkhand through his letter dated 24.03.2012 to know about the serious irregularities being committed by the Block Education Officer, Barhet Block. 5.
The petitioner made a complaint to the Chief Secretary, Government of Jharkhand through his letter dated 24.03.2012 to know about the serious irregularities being committed by the Block Education Officer, Barhet Block. 5. Learned counsel appearing on behalf of respondents submitted that vide notification no.321 dated 16.05.2011 Jharkhand Panchayat (Right and Duty of Mukhia/Upmukhia/Pramukh/Up-pramukh and Zila Parishad Adykasha/up-dykasha) Rule, 2011 has already been notified by three tier Panchayats and the State administrative power has already been delegated vide memo no.1355 dated 12.10.2011. Learned counsel for the respondents further submitted that in compliance of Section 73 of Jharkhand Panchayat Raj Act, 2001, letter no.380 dated 11.03.2011 has been issued by the Department of Panchayti Raj and NREP. Lastly, it is submitted that provisions of Panchayti Raj Act has been implemented in the State of Jharkhand for which several directions have also been issued by the respondents time to time. 6. Considering the above submissions of the parties and on perusal of papers attached with this application, instant application is disposed of as the respondents have taken care of the grievances of the petitioner.