ENTHEEN MUHAMMED Vs. MANANTHAVADI GRAMA PANCHAYAT

JUDGEMENT

(1.) This writ petition is filed by the petitioners, who were elected members of Mananthavady Grama Panchayat, challenging Exhibit P5 order passed by the Ombudsman for Local Self Government Institutions dtd. 24/10/2009 in Complaint No.488/2009, and Exhibit P2 order passed by the Ombudsman in Original Petition No.49/2011 dtd. 18/08/2011.

(2.) The subject issue relates to award of a contract by the Panchayat Committee on the basis of the recommendation made by the Purchase Committee consisting of the elected members, for installation and replacement of sodium vapour lamps, tube lights etc. within the limits of the Panchayat. Complaint No.488/2009 is registered on the basis of a reference made by the State Government in accordance with the powers vested with the Ombudsman under sec. 271J of the Kerala Panchayat Raj Act, 1994 and Original Petition No.49/2011 is filed by one C.S.Hamsa - the 5th respondent, a resident within the limits of the Grama Panchayat .

(3.) While, in the referred complaint, the Secretary as well as all the elected members were parties; in the complaint filed by Hamsa, the Secretary and the President of the Grama Panchayat alone were parties. Exhibit P2 order is Only an offshoot of Exhibit P5 order passed by the Ombudsman whereby directions were issued to recover an amount of Rs.79,810.00from the members of the Panchayat Committee equally; an amount found to be due towards the loss suffered by the Panchayat on account of the contract awarded to the highest bidder.