VINOD PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) NONE appears for the petitioner. Mr. Rajesh Kumar Singh, Junior Counsel to Additional Advocate General -ll appears for the respondents.

(2.) THE prayer by means of this public interest litigation Is for issuance of mandamus directing the respondents to grant power and function to the Sarpanch as per Bihar Panchayat Raj Act, 2006 and to facilitate the functioning of Gram Kutchhery. Counter affidavit has been filed on behalf of respondent no. 4. paragraphs 6 to 12 of the counter affidavit read thus: - "6. That it is submitted that the Govt, of Bihar already framed and notified "The Bihar Gram Kutchhery Sanchalan Niyamawali, 2007". "The Bihar Gram Sachiv (Niyojan, Sewasharta Ewam Kartavya) Niyamawali, 2007". The above rules which form part of the instant writ petition as Annexure -3, provide a complete statutory and legal mandate to make the Gram Kutchhery functional and operational in a full -fledged manner as per the provisions under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act). 7. That it is submitted that the Govt, of Bihar has already made a temporary arrangement to provide a Sachiv to all the Gram Kutchheries in the State. The existing and working Panchayat Sachives in Gram Panchayat have been given additional charge vide letter no. 2478 dated 19.7.06 to work as Secretary to the Gram Kutchheries falling within the territorial jurisdiction of the respective Gram Panchayats. 8. That it is submitted that the Govt. of Bihar has already initiated the process for recruitment to the posts of Nayaymitra and Secretary for the each Gram Kutchheries on contract basis. An instruction vide memo no. 3113 dated 6.7.2007 has been issued and circulated to all the District Magistrates given herein guidelines for preparing roasters for the purpose of recruitment in consonance with the existing rules of the Govt, of Bihar. The Govt, has also prepared a time frame for the recruitment and this has been circulated to all the District Magistrates to start the recruitment process accordingly vide memo no. 3236 dated 13.7.2007. The time frame has been recently revised owing to the recent flood in many part of the State. This revised time frame issued, vide memo no. 3809 dt. 10.8.07 extends each of the phases of the recruitment by 15 days. 9. That it is further submitted that the Govt. is committed for capacity building and strengthening of the Gram Kutchheries in order to make the Gram Kutchhery vibrant at the Panchayat level. For this very purpose the Govt. has decided to impart training to all the Sarpanches. The Panches and the Nayaya Mitra. The training is to be imparted under the supervision and direction of the Bihar Judicial Officers Training Institute, Gulzarbagh. A detailed training calendar and training module has been prepared by the Institute vide memo no. 5594 dated 1.5.2007. The Directorate of Panchayat Raj has already initiated the process to make necessary budgetary provisions for the training. 10. That as regard to the availability of building for functioning of the Gram Kutchhery, it is submitted that an arrangement has been made that each Gram Kutchhery shall function from the official building of Panchayat Bhawan or in other community centre buildings in case where the Panchayat Bhawan is not available. This has been provided as a stop -gap arrangement till an exclusive arrangement is made for the same. Letter No. 155 dated 20.2.2007 which forms a part of the instant writ petition as Annexure -1 is important official document apart from the Annexure -A of this counter affidavit. 11. That the above submission are self -explaining to show that all necessary arrangements have already been made by the Government to start and make each and every Gram Kutchhery functional. 12. That it is submitted that the Government has been considering for providing some financial support to each Gram Kutchhery to meet the contingency and official expenses. A budgetary provision has already been made for the year 2006 -07 and allotment to this effect is expected to be remitted to the Gram Kutchhery very soon."

(3.) IN view of what has been stated in the counter affidavit, as noticed above, we are satisfied that nothing further needs to be done in this writ petition. It is disposed of accordingly.