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2016 Supreme(Bom) 1298

S.V.GANGAPURWALA, K.K.SONAWANE
Balasaheb S/o Raghunath Haral – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Shri Santosh S. Jadhavar, Advocate.
For Respondents/State: Mrs. A.V. Gondhalekar, Addl.

JUDGMENT :

S.V. Gangapurwala, J.

The petitioner seeks directions to hand over agricultural subjects and it's schemes to the Zilla Parishads from the Agriculture Department as per the Government Resolution dated 01.02.2001 issued by the Government of Maharashtra.

2. Mr. Jadhavar, the learned counsel for the petitioner submits that, the mandate of the Constitution as per Article 243-G is that, there should be decentralization of power and the powers should go to the grass root level that is the self government bodies like Zilla Parishad and Panchayat Samities. The Government of Maharashtra has issued specific Government Resolutions and orders giving effect to the Seventy-third amendment to the Constitution and directed to transfer and handover the subjects listed in Eleventh schedule of the Constitution of India, but till today the agricultural subjects and schemes under it are not transferred to the Zilla Parishads. The learned counsel submits that, this inaction on the part of the Government of Maharashtra has frustrated the legislative intention to decentralize the powers. The legislative intention behind Article 243-G of the Constitution is to decentralize the powers so that the Pan






















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