KRISHAN GURJAR Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed assailing Notice Inviting Tender ("NIT") dt. 26/02/2010 (Ann.1) issued by Collector, Ajmer being Coordinator (Employment Guarantee Scheme) (EGS) for various Panchayat Samitis including of Pisagan.

(2.) PETITIONER , as alleged, is Sarpanch of Gram Panchayat Nyara, Panchayat Samiti Pisagan (Ajmer). Collector, Ajmer as Programme Coordinator, EGS issued NIT dt. 26/02/2010 in respect of Panchayat Samitis of district Ajmer including Panchayat Samiti, Pisagan while authorizing its Vikas Adhikari to issue NIT for supply of construction material to the gram panchayat for carrying out development works; and last date stipulated was 27/03/2010, when sealed tenders offered would be opened. However, before process of NIT could be finalized, petitioner claiming himself as Sarpanch of Gram Panchayat, Nyara, has approached this Court with the grievance that NIT having been issued by Vikas Adhikari Panchayat Samiti, Pisagan is in violation of Sections 7 & 8E(i) & (m) of Rajasthan Panchayati Raj Act, 1994 ("Act, 1994").

(3.) COUNSEL further submits that the NIT is nothing but a direct intervention in the constitutional set up of local -self government and the NIT has to be issued by Gram Sabha under the Act, 1994 read with Rajasthan Panchayati Raj Rules, 1996.