NAND KUMAR SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) IN this batch of writ petitions, the validity of notification dated 05.02.2004 issued by the Government of Chhattisgarh under Sub-section (1) of Section 4 of the Chhattisgarh Sthaniya Nidhi Sampariksha Adhiniyam, 1973 (for short 1973 Adhiniyam') is assailed.

(2.) THERE is no need for the Court to refer to the facts of these cases. The validity of the impugned notification is assailed only on one ground. The common contention of the learned Counsel for the Petitioners is that inclusion of Gram Panchayats in the impugned notification is invalid and unconstitutional for the reason that Section 129 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 1993 Adhiniyam) also provides for auditing the accounts of the Panchayats; since 1993 Adhiniyam is a special enactment in relation to 1973 Adhiniyam which is a general enactment, the provisions of Section 129 of Adhiniyam 1993 are prevailed over the provisions of Section 4 of 1973 Adhiniyam. That was the only contention urged before us by the learned Counsel for Petitioners led by Shri B.D. Guru, learned Counsel for the Petitioner in W.P. No. 1693/2004.

(3.) HAVING heard the learned Counsel for the parties, we are of the considered opinion that the Petitioners have not made out any ground whatsoever to invalidate the impugned notification on any permissible legal or unconstitutional grounds. It is trite that the impugned notification is a piece of delegated legislation made by the State Government by virtue of the power conferred under Sub-section (1) of Section 4 of Adhiniyam 1973. It is well settled that the validity of a delegated legislation could be impugned successfully only on certain ground, such as; that the impugned delegated legislation is ultra vires the Parent Act; that it violates part III of the Constitution of India or any other provisions of the Constitution; the mandatory procedure prescribed under Parent Act not adhered to by the Rule-making Authority in enacting such delegated legislation or in certain cases the delegated legislation is ex facie arbitrary, unreasonable or mala fide etc.