JANKIDAS BAIRAGI Vs. STATE OF M P

JUDGEMENT

(1.) THE Madhya Pradesh Panchayal Raj Adhiniyam, 1993, has been amended by the 'madhya Pradesh Panchayat Raj (Sanshodhan) Adhiniyam, 2001' (Act No. 3/2001), published in M. P. Rajpatra (Asadharan), dated January 22,2001. The statement of objects and reasons mentions the object which necessitated this amendment. It is to ensure comprehensive development of villages through decentralisation, to establish a system of direct democracy empowering Gram Sabhas with such powers so as to enable them to function as self-governing units and with a view to ensure greater community participation in decision making and implementation, Standing Committees and Adhoc Committees of the Gram Sabha are proposed to be constituted and necessary provisions made for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women Members. To enable the Gram Sabhas to achieve economic self-sufficiency, necessary power to impose tax and constitution of Gram Kosh has been provided.

(2.) THE petitioner 1 is Sarpanch of Gram Panchayat, Karanj, Janpad Panchayat - Tarana, District Ujjain, while the petitioner 2 is a resident of Gram Panchayat Karanj (Ujjain ). They are aggrieved by this amendment, particularly Sections 6, 7, 7-A to 7-L and the Schedule to the Panchayat (Sanshodhan) Adhiniyam, 2001. Reference to the averments contained in the petition broadly suggest that constitution of Gram Sabhas in every village will annihilate the stability, standing and sustenance of the Gram Panchayats, which are the elected bodies owing existence to Article 243-B of the Constitution of India, with powers, authority and responsibilities as per Article 243-G, and power to impose taxes under Article 243-H of the Constitution. By the constitution of Gram Sabhas in every village, powers, authority and responsibilities have been affected fundamentally and functions hitherto before discharged by them have been handed over to Gram Sabhas, which are non- elected Institutions. Their constitution is not envisaged in the Constitution, therefore, constitution of more than one Gram Sabha is ultra-vires. The definition of 'village' under Article 243 of the Constitution has been eroded in a manner which makes the constitution of Gram Sabhas and Panchayats thoroughly uncertain and devoid of exact manner. It is also submitted that the Panchayats have authority to establish Panchayat funds in which all the sums received by the Panchayats are to be put and applied by it for the purpose mentioned in the Panchayat (Sanshodhan) Adhiniyam, 2001, by providing Gram Kosh fund in the Gram Sabha and its utilisation in manner suggested is not proper, since the Treasurer and Secretary are not elected persons. The duplicity of system for utilisation of funds is bound to create confusion. Similarly, the Constitution of Committee, providing for reservation, holding of meetings and decision to be taken by it are thoroughly cumber-some and full of confusion with no object sought to be achieved. The provisions with respect to maintenance of accounts by the Gram Sabha has tinge of conflict, uncertainty and erosion of powers and responsibility of the Panchayats.

(3.) THE basic relief sought by the petitioners is that the amending Act, 2001, may be declared ultra-vires, being vague and in conflict with the provisions of unamended Act with no object sought to be achieved being patently illegal and likely to hamper the activity of Gram Panchayat nor in the interest and welfare of the village people. After going through the facts contained in the petition and submissions advanced by Shri N. C. Jain, learned Senior Counsel for the petitioners, we find that the challenges by the petitioners against the constitution of Gram Sabhas are thoroughly vague, unsustainable and based on apprehension.