The main legal point established in the judgment is the government's supervising authority over Gram Panchayats' resolutions and the need for government approval before executing development works.

JUDGMENT

Harsimran Singh Sethi, J. (Oral). - In the present writ petition, the grievance of the petitioners-Gram Panchayats is that the State has passed an order on 19.11.2020 (Annexure P-1) wherein a complete ban has been imposed for executing the development works by spending the amount, lying in the fixed deposit of the Gram Panchayats. This Court had issued notice of motion on 10.12.2020, which is as follows :-

"Learned counsel appearing on behalf of the petitioners submits that once the Gram Panchayats are independent bodies to take their own decisions with respect to the development and also has full authority to use the funds for undertaking development work required to be executed for the benefit of the residents of the Gram Panchayat, the order passed by the respondent-State restraining the Gram Panchayat from using their own fund lying as fixed deposit in the Banks, is arbitrary and illegal.

Learned counsel for the petitioners further submits that the blanket order cannot be passed by the respondent-State restraining the Gram Panchayats from using the amount lying in fixed deposit for the reason that as and when any development work is undertaken by a particular Gram Panchayat by passing a resolution, the State as supervising authority assess the same as to whether the said resolution is in the interest of the Gram Panchayat or not and has jurisdiction to pass appropriate orders examining the resolution as and when presented before the Government.

Notice of motion for 04.01.2021.

Ms. Rajni Gupta, learned Additional Advocate General, Haryana, who has joined the proceedings through video conference, accepts notice on behalf of the respondents and seeks time to file reply.

Let the reply be filed positively by the next date of hearing as the petitioner Gram Panchayat is feeling prejudiced to the impugned order.

Prayer of the petitioner for the grant of interim order will be examined on the next date of hearing. "

2. When the case was taken up for consideration on 04.01.2021, the following order was passed :-

"Learned counsel appearing on behalf of the respondents-State submits that out of six gram panchayats, who have filed the present writ petition i.e. petitioners No.1 to 3 and 6, have already been merged in the Municipal Corporation, Faridabad and no longer exists as of now keeping in view the notification dated 30.12.2020, hence, the present writ petition qua those gram panchayats has been rendered infructuous.

Learned State counsel further submits that with regard to grievance of petitioners No.4 and 5 qua the notification dated 19.11.2020 (Annexure P-l), last opportunity be granted to file the reply.

Learned State counsel undertakes to file the reply by 08.01.2021 positively and the grievance of petitioners in respect of the notification dated 19.12.2020 (P-l) will be considered on merits on the next date of hearing.

Adjourned to 11.01.2021."

3. Today the reply has been submitted by the respondents-State wherein, the plea taken by the State for justification of issuing the order dated 19.11.2020 (Annexure P-l) has been given to the effect that there were certain complaints received by the authorities in respect of some Gram Panchayats about financial irregularities.

4. It is conceded by the learned counsel(s) appearing on behalf of the respective parties that keeping in view the provisions of the Haryana Panchayati Raj Act, 1994, the Government is still the supervising authority in respect of any resolution passed by the Gram Panchayats and any resolution which is passed by the Gram Panchayat, goes for the scrutiny/approval of the Government before the said resolution is implemented. That being so, a resolution passed by the Gram Panchayat for executing the development work, has to be approved by the Government before the execution of the proposed development work.

5. Once, a resolution passed by a Gram Panchayat is implemented after the Government approves that the resolution so passed by the Gram Panchayat regarding execution o