The State Government has the authority to appoint the implementing agency for development works as per the Government Resolution dated 27.03.2015, and the change of implementing agency did not violate constitutional provisions.

JUDGMENT :

SHRIKANT D. KULKARNI, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of both the sides at admission stage.

2. Four Gram Panchayats out of district Osmanabad have challenged the corrigendum dated 29.04.2020 issued by the Secretary, Rural Development, Panchayat Raj, Mantralaya, Mumbai and prayed to quash and set aside the same with additional prayer to execute the Government Resolution dated 17.03.2020 issued by the same department to carry out internal road development works of 127 villages in Osmanabad District through the Zilla Parishad, Osmanabad.

FACTUAL MATRIX

3. According to the petitioners, road development work of near about 127 villages out of Osmanabad District were urgently needed to be undertaken under the Panchayat Raj. Under Panchayat Raj, Gram Panchayat, Panchayat Samiti and Zila Parishad are bound to provide fund to carry out the work of road construction in 127 villages.

4. The State has issued Government Resolution in the year 2015 to provide basic amenities to the villages as suggested by the peoples representatives/M.L.As. Peoples representatives/Members of Legislative Assembly have to recommend the necessity of basic need of internal road in the villages. The said suggestion has to be considered by Zilla Parishad. A decision is taken that to provide funds, Liability Register System (LRS) should be provided in view of the Government decision taken on 31.03.2018. It is decided to release funds from the said system, however, the Zilla Pariahad Osmanabad could not issue sanction orders till the Government issues work orders.

5. In view of the above scheme and the procedure, the local M.L.A. has recommended internal roads in 127 villages of Osmanabad District to Zilla Parishad. The Zilla Parishad has forwarded the proposal to the State Government and the Government has accorded sanction for budget of 400 Lakhs Rupees 4 crores for construction of internal roads and issued Government Resolution dated 17.03.2020 along with list of villages. The Government has given administrative approval and sanctioned internal road works costing about Rupees four crores. In the said Government Resolution, it is made clear that the work sanctioned should be implemented till 31.03.2021.

6. It is the contention of the petitioners that in view of change in ruling party and under the influence of the Guardian Minister, the Government has issued corrigendum dated 29.04.2020 to take away the work from Zilla Parishad. It is directed in the Corrigendum that sanctioned work of Rs.4 crores in respect of 127 villages as per the Government Resolution dated 17.03.2020 be transferred to the Superintending Engineer, Public Works Department, Osmanabad. The corrigendum issued by the Government dated 29.04.2020 is arbitrary. The said corrigendum is completely contrary to the object of Panchayat Raj provided in Chapter VIII, Article 243 of the Constitution of India. For development of villages, three tire system is adopted viz. Gram Panchayat, Panchayat Samiti and Zilla Parishad. There is special statute having administrative and supervisory powers over the Panchayat Samiti at Taluka level and Zilla Parishad at district level, whereas both are having administrative and supervisory powers over the Gram Panchayat. It is pleaded by the petitioners that only to take away the powers of Zilla Parishad, the aforesaid corrigendum is issued. The State Government has already issued Government Resolution dated 27.03.2015 considering the provisions of the Zilla Parishad Act and there was no necessity to issue such corrigendum transferring the work from Zilla Parishad to the Public Works Department.

7. According to the petitioners, the said scheme is implemented in Beed district through Zilla Parishad, Beed but different criteria is adopted for Zilla Parishad, Osmanabad which amounts to discrimination and violation of Article 14 of the Constitution of India. The impugned corrigendum dated 29.04.2020 is malafide and politically motiv