HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 1887/2021

CM Nos. 7088/2021 &

7936/2021 in

WP(C) No. 2045/2021

CM No. 7547/2021

Pronounced on: 24.03.2022

Mohd Latief & others

…. Petitioner (s)

Through:-

Mr. Muzaffar Iqbal Khan,

Advocate

Mr. Umar Aejaz, Advocate in

WP(C) No. 1887/2021

Mr. Tauseef Zargar, Advocate

Mr. N. D. Qazi, Advocate

Mr. Waseem Akram, Advocate

in WP(C) No. 2045/2021

V/s

Union Territory of J&K and

others

…..Respondent(s)

Through:-

Mr. D. C. Raina, Advocate

General with Mr. Ayjaz Lone,

Dy. A.G.

CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

JUDGMENT

01.

In both the petitions, the controversy involved is similar, as such,

these are taken up together for consideration and disposal by this common

judgment.

02.

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.

2

WP(C) Nos. 1887/2021 & 2045/2021

03.

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.

04.

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.

05.

The petitioners have also questioned Government Order No. 251-

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.

06.

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

3

WP(C) Nos. 1887/2021 & 2045/2021

responsibilities and discretion conferred on the Panchayati Raj Institutions

would make execution of small projects not only difficult but also almost

impossible.

07.

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 o