SMT. RAJ RANI Vs. CHIEF INFORMATION COMMISSIONER

JUDGEMENT

(1.) Petitioner was elected as Pradhan of Gram Sabha/ Gram Panchayat, Village Garhi Negi, Tehsil Jaspur, District Udham Singh Nagar, in the year 2008 and she assumed the charge on 29.09.2008. Respondent No. 3 submitted an application dated 27.02.2013 before the Public Information Officer/ Block Development Officer, Jaspur, District Udham Singh Nagar, seeking certain information regarding the affairs of Gram Sabha Garhi Negi. The Block Development Officer, treating the petitioner to be the Public Information Officer, sent the application to her on 01.03.2013. Since one Sri Manoj Kumar was working as Village Panchayat Development Officer, the application was sent to him. It is stated that Sri Manoj Kumar did not supply the necessary and complete information within the prescribed period.

(2.) The fact of the matter is that penalty of Rs. 25,000.00 was imposed upon the petitioner on 17.09.2013. Petitioner approached this Court by filing Writ Petition (M/S) No. 2726 of 2013. The said writ petition was allowed by a learned Single Judge on 03.01.2014. Thereafter, a fresh order was passed on 18.03.2014 rejecting the case of the petitioner. The State Government had issued Notification dated 10.10.2005 appointing Pradhan of the Gram Sabha/ Gram Panchayat as Public Information Officer. It is in these circumstances that the present writ petition has been filed challenging Notification dated 10.10.2005 along with the impugned order dated 18.03.2014.

(3.) Art. 243(b) of the Constitution of India defines "Gram Sabha". Art. 243(d) defines "Panchayat" meaning an institution (by whatever name called) of selfgovernment constituted under Art. 243B for the rural areas. Art. 243B provides that there shall be constituted in every State, Panchayats at the village, intermediate and district levels. The composition of Panchayats is provided in Art. 243C.