JIVRAJBHAI NAGJIBHAI ZALAVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner has prayed for direction to the respondent authorities, more particularly, respondent no.3, to return the annual budget estimate dtd. 12/2/2023, after approval, submitted by the petitioner and to strictly follow the provisions of Sec. 116 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act of 1993").

(2.) The grievance raised by the petitioner in the captioned writ petition is that the respondent no.3 i.e. Taluka Development Authority is not scrutinizing the annual budget estimate provided by the petitioner pursuant to the meeting dtd. 12/2/2023. According to the petitioner, the petitioner being sarpanch, had prepared the annual budget for the financial year 2023-2024 and was placed for consideration of the committee on 30/12/2022. Out of the members present, five members voted against the estimate of annual budget. As it could not get the requisite majority, the talati-cum-mantri was informed about it and opinion was sought of the respondent no.3 vide communication dtd. 31/12/2022. Respondent no.3 addressed a communication and asked the panchayat to call for a fresh meeting and to discuss the issue as per the provisions of Sec. 116 of the Act of 1993. It is the further case of the petitioner that a communication was addressed on 10/1/2023 to the Development Commissioner, pointing out that the budget prepared by the petitioner was strictly within the parameters of the Act of 1993 and there has not been any objection on merits by any members. On 12/1/2023, the talati-cum-mantri required the panchayat to hold a fresh meeting, followed by fresh agenda, for consideration of the annual budget and was circulated amongst the members on 6/2/2023 and on 12/2/2023, fresh meeting was scheduled and in the said meeting, the budget came to be sanctioned. The grievance of the petitioner is that the estimate of annual budget was forwarded to the respondent no.3 with a request to scrutinize the same and return it within a period of two months, considering the provisions of sub-sec. (2) of Sec. 116 of the Act of 1993. Since nothing was heard, that the captioned writ petition has been filed.

(3.) Mr.Pratik Jasani, learned advocate for the petitioner has made submissions along the lines of the averments made in the captioned writ petition. It is submitted that the budget estimate for the year 2023-2024 was placed for consideration of the committee on 30/12/2022 which could not get the requisite majority and the said fact was brought to the notice of the talati-cum-mantri and also guidance was sought for. Since the panchayat was requested to reconvene the meeting, fresh agenda for consideration of the annual budget estimate was circulated amongst the members on 6/2/2023 and the meeting was scheduled to take place on 12/2/2023. The meeting was held as per the scheduled time at the office of the village panchayat in presence of the police personnel and the same was videographed as well. It is submitted that the three members of the village panchayat were present and supported the agenda and with a majority, that the annual estimate budget came to be sanctioned.