SARAN ZILA MUKHIYA SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) On a reference made by the learned Single Bench after taking note of the legal questions involved in these writ petitions they have been placed before us for consideration.

(2.) Petitioners in all these cases question the tenability of instructions issued by the Panchayati Raj Department, Government of Bihar on 23.09.2016 vide Annexure-P/2 and 25.10.2016 vide Annexure-P/3, whereby certain instructions have been issued for implementation of two schemes, namely, the Mukhya Mantri Gramin Pay Jal Nischay Yojana and the Mukhya Mantri Gramin Gali-Nali Pakkikaran Nischay Yojana. Inter alia contending that by issuing these instructions, certain rights available to the Panchayats under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act of 2006') and the mandate of Art. 243-G empowering the Panchayats to function as institutions of Self-Government are being infringed with, these writ petitions have been filed. Looking to the public importance of the matter and the constitutional question involved, the learned Single Bench recommended for placing the matter for consideration before a division bench and, accordingly, matters are listed before us as directed by the Chief Justice on the administrative side. During the pendency of the writ petitions, by amending the writ petition bearing CWJC No.19591 of 2016, vide I.A. No.748 of 2017, certain instructions and directions issued by the State of Bihar in the Panchayati Raj Department vide Annexure P/4 on 27.01.2017, in the matter of distribution of funds received under the 14th Finance Commission have also been challenged.

(3.) The facts, in brief, go to show that the petitioners in these cases are either the elected representative of the Panchayat or the citizens in the area, who have called in question the impugned action.