GUJARAT PRADESH PANCHAYAT PARISHAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All these petitions filed by the Gujarat Pradesh Panchayat Parishad and the District Panchayat of three Districts viz. Sabarkantha, Jamnagar and Junagadh and their respective Presidents raise important questions about interpretation of Section 162 and other provisions of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act"). The controversy essentially revolves round the scope of powers of the President and the District Development Officer in the administration of a District Panchayat. The thrust of the petitioners' case is that the District Development Officer is none more than an ex-officio Secretary of the District Panchayat and that under Section 162 of the Panchayats Act, he is required to perform all the functions and exercise all the powers only in accordance with the orders of the President and/or of the District Panchayat and that on his own the District Development Officer can do nothing without the prior orders of the President of the District Panchayat.

(2.) Although it is not customary for a Court to give any synopsis of its judgment, looking to the length of this judgment, this Court would like to undertake this venture:- SYNOPSIS OF THE JUDGMENT: PARA 1.Introduction 2.Synopsis 3.Facts 4.Major Constitutional and Statutory Provisions 5.Petitioners' Submissions 6.Respondents' Submissions DISCUSSION 7. Article 243-G and Scheme of Gujarat Panchayats Act, 1993 8. Is President of District Panchayat like Chief Minister of State - What are princples underlying Panchayats Act. 9. Executive Powers vested in DDO - Their exercise subject to the orders, if any, of President 10. Elected Officer bearers and Civil Servants 11.Sections 161, 162 and 227 of the Act 12.Panchayats Act and BPMC Act 13.Three Areas of DDO's Functions Demarcated 14. Parameters and modalities for State Government Control 15.Summary of Conclusions 16.Legality of Resolutions of District Panchayat 17.ORDERS

(3.) 3.1In view of the nature of the controversy between the parties, only broad facts are required to be narrated without referring to minor bickerings between the President and the District Development Officer of the concerned District Panchayat.