Back
2015 Supreme(AP) 269
The High Court of Judicature at Hyderabad
A. RAJASHEKER REDDY, J.
Govindu Venkata Sivananda Murthy – Petitioner
Versus
The State of Andhra Pradesh,Panchayat Raj & Rural Development (R.D.I) Department, Secretariat, Rep. by its Special Chief Secretary to Government & Others – Respondent
Writ Petition Nos. 40667 of 2014 & 653 of 2015
Decided On : 23-06-2015
For the Petitioner:O. Manoher Reddy, Taddi Nageswara Rao, C. Nageshwara Rao, Advocates.
For the Respondents: Government Pleader for Panchayat Raj.
Headnote:
Constitution of India, 1950 – Articles 243-Go 243-O t– A.P. State Reorganization Act – Andhra Pradesh Panchayat Raj Act, 1994 – Amendment to the Constitution – Applicability of – Social Welfare Schemes – Grant of pensions – Central funds or under the States Funds – Special Chief Secretary to Government Act – Case of the petitioners is that the Government has issued dated stating that the Self Help Group members and Group Social activists mentioned in the committees constituted for grant of pensions will be nominated by the concerned District Minister. By virtue of Amendment to the Constitution, a new part IX has been added to the Constitution consisting of Articles 243 to 243-O and XI schedule has also been added with effect the said amendment is intended to give effect to Article 40 of the Directive Principles of the State Policy, which directs the State to take steps to organize village and vest them with such powers and authority as may be necessary to enable them to function as units of local self Government. Article 243-G of the Constitution of India provides responsibilities of as preparations of plans and implementations of scheme for economic developments and social justice. After the 73rd Amendment of the Constitution of India, the Government has issued various G.Os empowering Gram to take a decision for effective development of the villages and also in respect of various development that have been taken up at the village level – Held, Provisions is only an enabling provision, it enables the Legislature of a State to endow with certain powers. Hence, the Legislature of a State is not bound to endow with the powers referred to Article 243-G, and it is in its discretion to do so or not. At any event there is no mention of the public distribution system in Article 243-G of the Constitution – High Court has taken a view that the provision of Article 243-G is merely an enabling provision, and it is not a source of legislation. This view seems to be in consonance with the law laid down by this Court in U.P Gram an observation has been made that Article 243-G is an enabling provision as it enables to function as institutions of self-government. Further, this Court noted that such law may contain provisions for the devolution of powers and responsibilities upon subject to such conditions as may be specified therein, with respect to the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the matters listed in the Eleventh Schedule – State Executive is co-extensive with that of the State Legislature, it follows that the State Executive may make rules regulating any matter within the legislative competence of the State Legislature, without prior legislative authority, except where a law is required because the Rules so framed would violate any provisions of the Constitution which requires legislation. As such, it cannot be said that the State Government has violated any of the provisions of the Constitution much less Article 243-G read with Eleventh Schedule in issuing impugned – Application stand dismissed.
1. As the issue involved in all these writ petitions is one and the same, they are being disposed of by way of this common order.
2. All these writ petitions are filed assailing the G.O.Ms.No.135, Panchayat Raj & Rural Development (R.D.I) Department, dated 17.09.2014 issued by the first respondent. All the writ petitioners in W.P.Nos.40667 and 41232 of 2014 are elected Sarpanches of Srikakulam and Vizianagaram Districts respectively whereas the writ petitioner in W.P.No.653 of 2015 is the Municipal Chairperson, Jaggayyapeta Municipality, Krishna District.
3. The case of the petitioners in W.P.Nos.40667 and 41232 of 2014 is that the Government has issued G.O.Ms.No.135, dated 17.09.2014, stating that the Self Help Group members and Group Social activists mentioned in the committees constituted for grant of pensions will be nominated by the concerned District Minister. By virtue of the 73rd Amendment to the Constitution, a new part IX has been added to the Constitution consisting of Articles 243 to 243-O and XI schedule has also been added with effect from 24.04.1993 and that the said amendment is intended to give effect to Article 40 of the Directive Principles of the State Policy, which directs the State to take steps to organize village panchayats and vest them with such powers and authority as may be necessary to enable them to function as units of local self Government. Article 243-G of the Constitution of India provides the responsibilities of Panchayats as preparations of plans and implementations of scheme for economic developments and social justice. After the 73rd Amendment of the Constitution of India, the Government has issued various G.Os empowering the Sarpanches of the Gram Panchayats to take a decision for effective development of the villages and also in respect of various development programmes that have been taken up at the village level. By virtue of such G.Os., the Sarpanches had an effective role in the selection of beneficiaries in respect of the various Social Welfare Schemes notified by the Government either under the Central funds or under the States Funds.
4. By virtue of G.O.Ms.No.135, Panchayat Raj & Rural Development (R.D.I) Department, dated 17.09.2014, Gram Panchayat Pensions Committee has been constituted with the Sarpanch as the President, MPTC as one of the member, two members from Self Help Group and Gram Panchayat Secretary as the member convener and that the Self Help Group Members and Group Social activities mentioned in the above committee will be nominated by the concerned District Minister. By said clause, the role of the Sarpanch, who is elected to the Panchayat is minimal, is only a figure head in the committee with no say with regard to the composition of the committee. By the impugned G.O, the object under Article 40 of the Constitution of India to endow the Gram Panchayat with such powers and authority to function as units of local self Government is lost.
5. That the Erstwhile State of Andhra Pradesh has issued G.O.Ms.No.571, dated 26.12.2007 with regard to the devolution of the powers and functions of the Panchayat institutions in respect of subject relating to rural development. The issuance of the said G.O was necessitated in view of the 73rd Constitution Amendment. The subsequent G.O issued in G.O.Ms.No.238, dated 01.08.2009, which amended the earlier G.O.Ms.No.350, dated 31.08.2006, provides the composition of the Committee and in the said committee, the Sarpanch and the Chairman, one member from the elected ward members of the Gram Panchayat, one Women member from among Self Help Group, one person of the village, who is having interest in the developmental activities and the Panchayat Secretary is the member convener. The Government has also issued G.O.Ms.No.791, dated 07.11.2013, with regard to the various functions which are assigned to the Gram Panchayat. In the impugned G.O, there is no reference of the aforesaid G.Os. That even after the A.P. State Reorganization
