RAMGOPAL Vs. GRAM PANCHAYAT MOKALA

JUDGEMENT

(1.) THIS is a writ application by the petitioner Ramgopal under Art. 226 of the Constitution against order of the Panchayat Samiti Merta dated the 17th July, 1960.

(2.) I consider it unnecessary to state the facts leading up to this writ application as a preliminary objection has been raised, and that objection, in my opinion, goes to the root of the matter so far as the invoking of the extraordinary jurisdiction of this Court is concerned. That objection is this. It is contended by learned counsel for the respondent No. 1, namely, Gram Panchayat, Mokala, that the petitioner has an alternative remedy under Sec. 85 of the Rajasthan Panchayat (Simitis and Zila Parishads Act. (No. 37) of 1959 (hereinafter referred to as the Act of 1959), and the petitioner not having resorted to it is not entitled to invoke the writ jurisdiction of this Court. The material portion of Sec. 85 is in these terms; - "power of revision and review by Government, (1) The State Government may, either of its own motion or on an application from any person interested, call for and examine the record of a Panchayat Samiti or a Zila Parishad or of a standing committee or sub-committee thereof in respect of any proceeding to satisfy itself as to the correctness, legality or propriety of any decision or order passed therin or as to the regularity of such proceedings and, if in any csse, it appears to the State Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly. Provided that the State Government sha1l not pass any order prejudicial to any party, unless such party has had a reasonable opportunity of being heard in the matter. " This section undoubtely gives power to the Government to examine the correctness, legality or propriety of any decision or order passed by a Panchayat Samiti and to modify or reverse its decision such as the case may be. The Act of 1959 came into force on the 10th September, 1959. The order of the Panchayat Samiti in this case was passed on the 17th July, 1960, after the said Act came into force. Having regard to the plain language of sec. 85, it seems to me \ that this section would clearly operate on an order of the Panchayat Samiti where such order has been passed after the coming into force of the Act unless there may be any compelling reasons to the contrary. This position is sought to be met by learned counsel for the petitioner in this way. It is argued that this provision properly governs an order of the Panchayat Samiti in its original jurisdiction, and, therefore, it has no application to an order passed by: a Panchayat Samiti in its appellate jurisdiction. It is also argued in this connection that while Sec. 4 of the Act of 1959 introduces a number of amendments into the Rajasthan Panchayat Act (No 21) of 1953 (hereinafter referred to as the Act of 1953), the provision contained in sec. 85 of the Act of 1959 was not included in these amendments, and, therefore, this provision should not be read as affording any revisional jurisdiction to the Government in matters falling under the Act of 1953. The argument is still further developed and it is pointed out that by sec. 17 of the Rajasthan Panchayat (Amendment) Act, 1960 Act No. 25 of 1960) another sec. 27 A was inserted in the Act of 1953 by which it was provided as follows: - "27 A - Power to call for records: - (1) The State Government may for the purpose of satisfying itself as to the correctness, legality and propriety of: - (a) any order passed by the Collector or the officer-in-charge of panchayats under any provision of this Act, or (b) any order passed by a Panchayat Samiti in administrative matters under sec. 26a or otherwise, or (c) any order passed under this Act in administrative matters by a Panchayat, from which no appeal lies under Sec. 26a. (d) Call for and examine the connected records and may confirm, vary or rescind such order. (2) The State Government may, by notification in the official Gazette, delegate its powers under sub sec. (1) to any officer or authority subject to such restrictions if any, as may be specified in the notification. " This Act came into force on the 24th August, 1960, and it is contended that an administrative order passed by a Panchayat Samiti under sec. 26a of the Act of 1953 or otherwise would be open to revision by the Government, but this would be so only where an order was passed by that body after the 24th August, 1960, and that the impugned order in the present case was passed prior to that date, that is on the 17th July, 1960.