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 Panchayats would function as institutions of local self government. By way of Seventy-third amendment to the Constitution, Eleventh Schedule is added to Article 243-G. In the said list twenty nine subjects are listed and it includes agriculture subject. The Government of Maharashtra pursuant thereto has issued G.R. dated 28.09.2000 thereby resolving to transfer all twenty nine subjects listed in Eleventh Schedule to the Zilla Parishad. In the said Government Resolution other aspects like financial arrangement, audit, budget, etc. are provided. The said Government Resolution was intended to be implemented from 02nd October, 2000. Thereafter the Government of Maharashtra vide G.R. dated 01.02.2001 laid down the official structure of the officers and employees to be followed in the Zilla Parishad and the way in which the officers and the employees of the Agriculture Department should be absorbed in the Zilla Parishads. A list of schemes of Agriculture Department to be handed over to Zilla Parishads is also annexed with the said Government Resolution.

3. The learned counsel submits that, thereafter, the Assistant Director of Agriculture, State of Maharashtra has issued circular on 13.02.2001 prescribing methodology to be adopted by Zilla Parishads while executing and implementing the schemes handed over to it from the Agriculture Department. The learned counsel submits that, further steps were also undertaken, however, almost all the subject matters listed in the Eleventh Schedule of the Constitution and also in the Government Resolution dated 28.10.2000 except agriculture subject are transferred to Zilla Parishads. Till this date the agriculture subject and the schemes under it are not transferred to the Zilla Parishads. According to the learned counsel, agriculture is an important subject touching to the rural life. The Indian economy is based on agriculture. It is mandatory and obligatory for the Government of Maharashtra to issue orders for handing over the agriculture subject to the Zilla Parishads. If the same is not done, it is violative of constitutional mandate. The learned counsel submits that, the legislative intention behind the decentralization of powers and distributing it to the local self government is to strengthen the local self government and to make it public oriented. The policy of decentralization of powers and distribution of it amongst the local self government would frustrate, if an important subject like agriculture is not handed over to local self government bodies. Therefore, it is necessary to implement all the Government Resolutions and orders in respect of handing over the agriculture subject and schemes under it to the Zilla Parishads from Agriculture Department.

4. Mrs. Gondhalekar, the learned Additional Government Pleader fo