FAKIRMOHAN DAS Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) ALL the aforesaid cases were heard analogously on consent of the parties and disposed of by this common judgment.

(2.) SECRETARIES working under different Gram Panchayats in the State of Orissa and in some cases Sarpanches of the Grama Panchayats together with the Secretaries have filed the writ petitions challenging amendment of Sections 122 and 123 of the Orissa Grama Panchayat Act, 1964 (in short, 'the Act) and the orders dated 18.10.2004 and the consequential order thereof dated 01.11.2004 passed respectively by the Government in Panchayati Raj Department and the concerned Panchayat Officers/the Block Development Officers.

(3.) IN a common counter affidavit filed on behalf of the opposite parties -State, it has been stated that the impugned amendment was made by the State Government in the larger public interest and the same is within the parameters and ambit of Article 243 G of the Constitution and the provision in Section 44 -(iii) of the Act. It is stated that 73rd amendment of the Constitution bestows the Panchayats with various new functions and considerable amounts of funds are being allotted to implement different schemes which are sponsored or organized and a Panchayat may not be able to handle such situation with the aid and assistance of one Secretary in each Gram Panchayat. Thus, increase in dimension functions i.e. the workload and the flow of funds for timely proper utilization necessitated the State Government to decide to post additional hands i.e. the V.L.Ws. and V.A.Ws. so as to avoid any additional financial burdens of the State and at the same time to cater to the need of the people at the grass root level of the democracy. It is further stated that provision of Section 152 of the Act, provision in the Constitution of India and the other provisions in the Act and Rules enable the State Government to take such measures and there is nothing unconstitutional about it. Accordingly, it defends the impugned amendment.