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2015 Supreme(Ori) 448
IN THE HIGH COURT OF ORISSA
S.N. PRASAD, J.
Nrutang Gram Panchayat – Petitioner
Versus
State of Orissa & Others – Respondents
W.P. (C) No. 15168 of 2015
Decided On : 09-09-2015
For the Petitioners:Sukanta Ku. Dalai, P. Swain, Advocates.
For the Respondent: Addl. Standing Counsel.
The government has discretion to entrust schemes to the Gram Panchayats, and the court's scope of judicial review in policy decisions is limited unless there is an infringement of human rights or arbitrariness.
Headnote:
Gram Panchayats - Challenge to Government Scheme - Orissa Gram Panchayats Act, 1964, Article 243G of the Constitution of India - Section-5 of the Orissa Gram Panchayats Act, 1964
Fact of the Case:
The petitioner, a Sarpanch, challenged a government scheme for providing low-cost houses, alleging that it violated the Orissa Gram Panchayats Act, 1964 and Article 243G of the Constitution of India. The petitioner claimed that the government's resolution ignored the Gram Panchayats' decision-making power and contradicted constitutional provisions.
Finding of the Court:
The court found that the government's resolution did not violate Article 243G of the Constitution of India, as it was an enabling provision and the government had discretion to entrust schemes to the Gram Panchayats. The court also held that there was no violation of Section 5 of the Orissa Gram Panchayats Act, 1964, as the beneficiaries were already selected from the SECC 2011 survey list, and the Gram Panchayats were actively involved in the process. The court further dismissed the petition, stating that the petitioner lacked the standing to challenge the government's policy decision in a representative capacity.
Issues: Violation of Article 243G of the Constitution of India, Violation of Section 5 of the Orissa Gram Panchayats Act, 1964, Locus standi of the petitioner
Ratio Decidendi: The government's resolution did not violate Article 243G of the Constitution of India, as it was an enabling provision and the government had discretion to entrust schemes to the Gram Panchayats. There was no violation of Section 5 of the Orissa Gram Panchayats Act, 1964, as the beneficiaries were already selected from the SECC 2011 survey list, and the Gram Panchayats were actively involved in the process. The petitioner lacked the standing to challenge the government's policy decision in a representative capacity.
Final Decision: The writ petition was dismissed for being devoid of merits.
JUDGMENT :
S.N. PRASAD, J.
1. Heard learned counsels for the petitioner and learned Addl. Standing Counsel.
2. In the present writ petition, the petitioner has challenged Annexure-2 declaring the same as illegal and arbitrary being contrary to the provision of Section-5 of the Orissa Gram Panchayats Act, 1964 and contrary to the provision of Article 243G of the Constitution of India.
3. The brief facts of the case as has been pleaded by the writ petitioner that he being the Sarpanch of Nrutang Gram Panchayat is before this Court for challenging Annexure-2 for the reason that the State Government has announced a Scheme to provide low cost houses to the poor families to construct over 5 lakh houses every year, besides converting all "Kacha house" into "Pucca" one in five year for which the Government has decided to give financial help.
3.1. The Government has initially launched a Scheme known as "Mo Kudia" on 20.10.2014 wherein the Gram Panchayat has been given adequate representation for taking decision for selecting beneficiaries and extending the benefit.
3.2. The Government has come out with another notification on 9.6.2015 to convert all the "Kacha" houses into "Pucca" house by the year 2019 as such a Scheme known as "Biju Pucca Ghar Yojana" (in short "BPGY") has been launched, wherein procedure for selecting the beneficiaries have been made out but the Gram Panchayats have completely been ignored by no participation in the decision making process regarding selection of the beneficiaries and thereby the resolution of the Government is completely in contradiction to the constitutional provision as contained in Article 243G and against Section 5 of the Orissa Gram Panchayats Act, 1964.
3.3. Learned counsel for the petitioner has submitted by referring to the resolution of the State dated 20.10.2014 wherein the selection procedure has been prescribed under Clause-7 which provides that the survey list will be shared by the Block to all the Gram Panchayats. All the Gram Panchayats will be placed the same before the "Palli Sabha" or "Gram Sabha" for deliberation and listing out of beneficiaries. All the proposals/ recommendations received from the Hon'ble M.Ps/M.L.As will be considered by the "Palli Sabha"/"Gram Sabha" which shall be forwarded to the Gram Panchayats for the purpose of taking decision. The final list originate from "Palli Sabha"/"Gram Sabha" will be considered at Gram Panchayat level and will be submitted to the concerned Block and thereafter the concerned B.D.O. shall conduct a pre-eligibility enquiry and thereafter approve the list.
3.4. Hence by drawing attention of this Court towards Clause-7 it has been contended that the circular dated 20.10.2014 was in consonance with the constitutional provision as contained in 243 (g) of the Constitution of India and also Section 5 of the Gram Panchayats Act, 1964 which provides that the local bodies will be given power for executing the development work and in the matter of policy decision in that regard.
3.5. Learned counsel for the petitioner by drawing attention of this Court has stated that the resolution dated 9.6.2015, the Government has taken altogether contrary decision giving go by to the constitutional provision as in 243G of the Constitution of India and Section-5 of the Gram Panchayats Act, 1964 because the Gram Panchayat has been deprived from decision making power and everything has been assigned to be done by the Block Development Officer and even in case of determination of the cadre of beneficiaries under 'BPGY' special category, the "Gram Sabha" has been ignored, the power has been given to the District Level Committee consisting of five officials to be headed by the District Collector as Chairman and as such this resolution is in the teeth of the Article 243 (g) of the Constitution of India and Section 5 of the Gram Panchayats Act, 1964.
