KANJIRAPPALLY GRAMA PANCHAYATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is preferred by the Panchayat, being aggrieved by the interference of the 2 nd respondent with the powers conferred under Article 243G of the Constitution of India pursuant to the 73rd amendment to the Constitution in year 1992, by issuing Exts.P6 and P7.

(2.) It is the case of the petitioner that, as part of decentralisation of powers pursuant to the 73 rd amendment to the Constitution in the year 1992, vast powers were transferred to the local bodies. The Kerala Panchayat Raj Act, 1994 (for short 'the Act') was also amended to that tune. As per Article 243G, Panchayats were endowed with such powers and authority as may be necessary to enable them to function as institutions of self government. For that purpose, laws were enacted for the devolution of powers and responsibilities upon the Panchayats at the appropriate level.

(3.) Accordingly, Ext.P1 was enacted and the provisions were incorporated by Amendment in the Act to enable the Government to lend the services of staffs and other paraphernalia of various departments to the local bodies for the better administration and governance. One of the major reforms was introduced by the incorporation of Sec. 181 of the Act.