VANDANA CHANDRAKANT MAGDUM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) . 1. These two writ petitions challenge, firstly, the disbursement of district funds by the President, Zilla Parishad, Kolhapur, who has been arraigned as Respondent No.2 in Writ Petition (St.) No.93358 of 2020 and Respondent No.6 in the companion petition, being Writ Petition (St.) No.5805 of 2020, and, secondly, the delegation of powers of Zilla Parishad in favour of its President for disbursement of funds of Fifteenth Finance Commission coming to the share of the Zilla Parishad in accordance with Government Resolution (GR) dated 26 June 2020.

(2.) The grievance of the Petitioners is that apropos the disbursal scheme of district funds for public works of development within the local jurisdiction of the Zilla Parishad, which restricts the recommending authority of each member of the Zilla Parishad to Rs.6.50 lacs (currently Rs.3 lacs), the President of the Zilla Parishad has been allowed to make recommendations for disbursement of nearly Rs.48 lacs. It is submitted that this entire amount, or practically, a substantial portion of the amount, has been proposed to be expended for the benefit of one Yeshwant Madhyamik Vidyalaya, Asandali, Tal. Gaganbawda, Dist. Kolhapur, which is run by the trust of which the President himself is the Chairman. The second grievance is that from out of the funds made available by the Fifteenth Finance Commission, the share coming to the Zilla Parishad (Zilla Parishad, Kolhapur), which has to be disbursed in accordance with the GR of 26 June 2020, has been allowed to be disbursed by the President himself. It is submitted that the Zilla Parishad has passed a resolution on 19 August 2020 allowing the President to make such disbursement in accordance with location specific needs in keeping with the GR of 26 June 2020, thus delegating and vesting the authority of disbursal rights to and in the President solely. It is submitted that such delegation is clearly contrary to law. Section 281 of Maharashtra Zilla Parishad And Panchayat Samitis Act, 1961 permits deletion of powers of Zilla Parishad subject to the rules made by the State Government in that behalf. It is submitted that the Rules made by the State Government in this behalf, namely, Maharashtra Zilla Parishad (Delegation of Powers) Rules, 1963, provide for delegation in accordance with Rule 3 read with the Schedule to the Rules. It is submitted that powers may variously be delegated to authorities such as standing committee, subject committee, panchayat committee, finance committee, or health committee of Zilla Parishad as well as Chief Executive Officer of the Zilla Parishad; there is no scope for delegation of any power or function to the President of the Zilla Parishad.

(3.) Prima facie the Petitioners do have a substantial case to argue in this petition. It does appear prima facie that there is an unathorized recommendation in financial terms on the part of the President of the Zilla Parishad so far as the disbursement of district funds for public works in the Zilla Parishad area is concerned. So also, there is an arguable case of wrongfulness of the delegation made by the Zilla Parishad in favour of its President so far as Finance Commission funds coming to the Zilla Parishad are concerned.