B R JAYANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER are the members of the Zilla Panchayat, Shimoga. They have filed this writ petition challenging the guidelines, dated 18-7-2006 issued by the 3rd respondent director of Rural Infrastructure and ex-Officio Deputy Secretary to the Government, department of Rural Development and panchayathraj.

(2.) AS per the impugned guidelines, the chief Executive Officers of all the Zilla panchayats in the State have been informed of a further amendment to the guidelines, dated 1-4-2006 as amended on 11-5-2006 and 26-5-2006. The amendment now proposed by the impugned guidelines dated 18-7-2006 states that while preparing the priority list for the purpose of taking up road and bridge works, the Zila Panchayats shall accept the priority list submitted by the Members of legislative Assembly (for short the 'mlas' ).

(3.) IT is necessary to note here that the Government issued guidelines, dated 1-4-2006 informing the Zilla Panchayats to receive the list of works of roads and bridges to be taken up from the concerned MLAs and thereafter prepare the priority list. The guideline came to be amended on 11-5-2006 by one more communication issued by the Director addressed to the Chief Executive Officers vide annexure-B. As per the said communication it is stated that in view of differences that have cropped up in understanding the previous guidelines the Government has clarified the position. The clarification made states that the priority list has to be prepared by the Zilla panchayats itself and while doing so the Zilla panchayats have to receive the list of works from the MLAs and thereafter prepare as per the guidelines the priority list to be ultimately placed before the General Standing Committee which will eventually finalise the list. This clarification came to be further amended on 26-5-2006 vide Annexure-C stating inter alia that the clarification made on 11-5-2006 is withdrawn and it should be read that while preparing the priority list the Zilla Panchayats shall consult the concerned MLAs. The matter did not stop as the Government came forward with one more clarification/amendment to the guidelines on 18-7-2006 stating that while preparing the priority list instead of merely consulting the MLAs the priority has to be prepared as suggested by the concerned mlas. It is further clarified therein that the zilla Panchayats shall also have to find out if the works suggested by the MLAs are the works falling within the jurisdiction of the zilla Panchayat or whether they pertain to other departments and whether the said works have been included in other projects. If it is found that the works suggested by the MLAs are included in any other projects the Zilla panchayats shall request the MLAs to suggest alternative works to be taken up. It is this amendment made on 18-7-2006 by way of amended guidelines issued directing the Zilla panchayats to accept the list submitted by the mla that is challenged in this writ petition.