Important Points
Part IX of the Constitution or Article 243-G makes no change in the essential feature of the Panchayat organization.
President of the District Panchayat is not empowered to issue omnibus directions to the District Development Officer to place all files relating to recruitment, appointment, promotion, transfer, deputation, disciplinary action, etc. before him prior to taking any action in such matters.

Headnote:Constitution of India – Part IX, Article 243 G – District Panchayat cannot arrogate to itself the status of a body as independent or autonomous as a Province in a Federation – Part IX of the Constitution or Article 243-G makes no change in the essential feature of the Panchayat organization – Question of powers of President/Vice President of District Panchayat vis-à-vis Deputy Development Officer has no bearing on constitutional set up or status of Local Self Government. (Paras 26 and 28)
       (2006) 8 SCC 352 : JT 2006 (9) SC 320 – Relied upon.
       Gujarat Panchayats Act, 1993 – Section 83 (1) (a) – Section 83 empowers the President of District Panchayat to secure implementation of policy decisions by issuing necessary instructions and directions to District Development Officer. (Para 29).
       Gujarat Panchayats Act, 1993 – Section 162 (1) – Reading the provision as a whole and the use of the words “if any”, however, clearly suggests that the power exercisable by the District Development Officer under the Act is statutory power to be exercised by him – Executive initiation remains with the District Development Officer and he need not wait for a ‘nod from the President’ before performing any administrative function or taking any executive decision within the four corners of law. (Para 31)
       Gujarat Panchayats Act, 1993 – Section 162 (1) – The District Development Officer is vested with the executive powers of the District Panchayat and is not required to obtain prior or even subsequent orders of the President of the District Panchayat – In individual cases the President may direct the District Development Officer to take appropriate steps for securing effective implementation of resolutions or orders passed by the Panchayat or of any committee thereof. (Para 33)
       (1965) 2 SCR 205 : AIR 1965 SC 1206 – Relied upon.
       Gujarat Panchayats Act, 1993 – Section 162 (1) – The contention that District Development Officer must exercise statutory powers conferred on him by the Act only after consulting the President of the District Panchayat negatived – President of the District Panchayat held not empowered to issue omnibus directions to the District Development Officer to place all files relating to recruitment, appointment, promotion, transfer, deputation, disciplinary action, etc. before him prior to taking any action in such matters. (Para 39)
       1970 (1) SCC 443 : AIR 1970 SC 1102 ; (2001) 6 SCC 260 : AIR 2001 SC 2524 : JT 2001 (5) SC 645 – Relied upon.
       Gujarat Panchayats Act, 1993 – Section 227 (5) – Interpretation of statutes – While interpreting the provisions of an Act the rules framed thereunder may be read harmoniously – No error in High Court referring to Rules in interpreting. (Para 41)
       Facts of the case:
       The Gujarat Pradesh Panchayat Parishad, appellant No.1, is a Society registered under the Societies Registration Act, 1860. All District Panchayats, Taluka Panchayats and Gram Panchayats are members of the Parishad. Appellant No.1 purports to protect the interest of the Panchayats in the State of Gujarat by ensuring that their members function as institutions of ‘Local Self Government’. Appellant No.2 is the Sabarkantha District Panchayat consisting of elected representatives. Appellant No.3 is the President of the said District Panchayat. Respondent No.1 is the State of Gujarat, Respondent No.2 is the Development Commissioner, while respondent No.3 is the District Development Officer of Sabarkantha District Panchayat.
       The question raised by the appellants centres round the powers of the District Development Officer vis-à-vis the powers of the President of District Panchayat in the administration of District Panchayat under the Gujarat Panchayats Act, 1993.
       Findings of the Court:
       The powers of the District Development Officer in he matters of administration are statutory and vested in him. The President, of the District Panchayat is not empowered to issue omnibus directions to the District Development Officer to place all files relating to recruitment, appointment, promotion, transfer, deputation, disciplinary action, etc. before him prior to taking any action in such matters.
       Result : Appeal dismissed.

JUDGMENT

C.K. THAKKER, J.—

1.Leave granted.

2.A question of considerable public importance has been raised by the appellant in the present appeal which has been instituted against judgment and order passed by a Single Judge of the High Court of Gujarat in Gujarat Pradesh Panchayat Parishad & Ors. v. State of Gujarat & Ors. in Special Civil Application No. 1192 of 2002 and companion matters decided on 25th October, 2002 and reported in (2003) 1 Guj LR 633 and confirmed by a Division Bench of the High Court in Letters Patent Appeal No. 1126 of 2002 decided on June 14, 2005.

3.To appreciate the controversy raised in the appeal, few relevant facts may be stated:

4.The Gujarat Pradesh Panchayat Parishad, appellant No.1 herein, is a Society registered under the Societies Registration Act, 1860. All District Panchayats, Taluka Panchayats and Gram Panchayats are members of the Parishad. Appellant No.1 purports to protect the interest of the Panchayats in the State of Gujarat by ensuring that their members function as institutions of ‘Local Self Government’. Appellant No.2 is the Sabarkantha District Panchayat consisting of elected representatives. Appellant No.3 is the President of the said District Panchayat. Respondent No.1 is the State of Gujarat, Respondent No.2 is the Development Commissioner, while respondent No.3 is the District Development Officer of Sabarkantha District Panchayat.

5.The question raised by the appellants before the High Court as well as before us centres round the powers of the District Development Officer vis-à-vis the powers of the President of District Panchayat in the administration of District Panchayat under the Gujarat Panchayats Act, 1993 (hereinafter referred to as ‘the Act’).

6.According to the appellants, Part IX of the Constitution read with the relevant provisions of the Act leaves no room for doubt that the District Development Officer is expected to exercise all executive powers of the District Panchayat, subject to the orders, if any, of the President of the District Panchayat.

7.It is alleged by appellant No.2 that the District Development Officer, Sabarkantha (Respondent No.3) started ignoring the President of the District Panchayat in matters concerning administration, particularly relating to appointment, transfer, promotion, posting, etc., of Panchayat employees. The appellant No.2, District Panchayat, Sabarkantha, therefore, passed Resolution No.6 on November 21, 2001, inter alia, resolving that the District Development Officer shall consult the President of the District Panchayat in matters of recruitment, appointment, transfer, promotion, posting, deputation etc. of all Panchayat employees of the District Panchayat. By an Office Order dated December 13, 2001 the President of the District Panchayat in the purported exercise of the power under Section 83 read with Section 162 of the Act, directed the District Development Officer to place all the files relating to recruitment, appointment, promotion, transfer and deputation of employees in the District Panchayat for his consultation. The District Development Officer, however, was adamant in his attitude and asserted that in administrative matters of recruitment, appointment, promotion, transfer, deputation, etc., of employees of the District Panchayat, the power could be exercised only by the District Development Officer and the President of the District Panchayat had no voice in executive or administrative functions of the District Development Officer. Because of the difference and non-observance of the resolution passed by the District Panchayat, the appellant approached the High Court by invoking Article 226 of the Constitution for an appropriate writ, direction or order compelling the District Development Officer to act in accordance with Section 162 of the Act, abiding by Resolution No.6 passed by the District Panchayat and by taking all decisions in conformity with the said resolution.

8.The learned Single Judge heard the petition, and consid

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2007 Supreme(SC) 922

Cases Referred (4)