JUDGMENT :

Sindhu Sharma, J.-In both the petitions, the controversy involved is similar, as such, these are taken up together for consideration and disposal by this common judgment.

2. The petitioners in WP(C) No. 1887/2021, are the elected Sarpanches of District Rajouri and they are aggrieved of e-NIT No. 42 REW Rajouri of 2021 dated 02.09.2021 vide which e-tenders have been invited for execution of works at various Panchayats on the ground that the same are in violation of the Jammu and Kashmir Panchayati Raj Rules, 1996.

3. The petitioners in WP(C) No. 2045/2021 are unemployed youths of Village Ganika, Tehsil Bhagwah, Distirct Doda and theyare also aggrieved of e-tenders i.e., e-NIT No. 15/capex of REW Doda 2021-22 dated 08.09.2021 and e-NIT No. 02/capex of REW Doda 2021-22 dated 24.08.2021 for works under Capex Budget scheme as the same are in violation the Panchayati Raj Rules, 1996.

4. The petitioners submit that these e-NITs have been invited in contravention to the Jammu and Kashmir Panchayati Raj Rules, 1996, even with regard to those works which are less than of Rupees Three Lacs. The Panchayati Raj Rules provide that all works may be executed by Halqa Panchayat itself and no contractor should be employed, except for work of highly technical nature or involving financial investment of more than Rupees Three Lacs.

5. The petitioners have also questioned Government Order No. -FD of 2020 dated 17.09.2020 vide which it was directed that all allotment of works shall be based on tendering and could be limited to the Members of the Gram Sabha of each Panchayat of the village concerned. According to the petitioners, the Halqa Panchayat is empowered within the area of its jurisdiction for sanctioning of projects and preparation of list of works approved by them and they can also execute the work by employing daily labour.

6. The petitioners submit that the execution of the works by the Halqa Panchayat is to be executed by employing daily labour and the respondents, suddenly without any reason have started insisting for engaging contractors for all works by inviting tenders in violation of the Jammu and Kashmir Panchayati Raj Rules, 1996. In this regard, it is contended that it is an interference in the performance of duties and responsibilities and discretion conferred on the Panchayati Raj Institutions would make execution of small projects not only difficult but also almost impossible.

7. It is also submitted that the smaller projects are indispensable for the development of the Panchayats as every Panchayat does not have an eligible contractor to participate in the bidding process. The respondents by allowing the contractors to execute projects involving such small financial investments would, in fact, render them unexecuted, for want of eligible contractors to participate in the process due to the nature of work and small amount invested. This would result in inordinate delay in the execution of the projects of the Panchayats which though same are of every day’s importance.

8. Lastly, it was argued that the procedure to execute the works has been provided under the Panchayati Raj Act and Rules, and once the procedure has been provided, it was incumbent upon the respondents to proceed with the procedure in the same manner. The respondents instead of following the requisite procedure, have issued Government Order No. -FD of 2020 dated 17.09.2020.

9. The Government Order dated 17.09.2020 is issued in furtherance of Govt. order No. 247-FD 2020 dated 09.09.2020 which is regarding authorization of funds for execution of work under Back to Village Programme. The Government Order No. -FD of 2020 dated 17.09.2020 directs that allotment of all works of each panchayat shall be based on tendering but the same may be limited to members of Gram Sabha.

10. The petitioners, thus, are aggrieved of the action of the respondents in issuing e-NITs for execution of works on the ground that it would not only be difficult but rather impossible