SHASHIDHAR BAGWAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred by power hungry petitioner for getting power under Section 23 of the Panchayat Raj Act, 2001. Learned counsel for the petitioner submitted that the petitioner is not given power under the aforesaid Section and, therefore, the present petition has been preferred because the petitioner is a member of the Gorsanda panchayat, District-Gooda and he is in search of powers and for implementation of Section 76 Ka especially Sub-clause XXVI. Learned counsel for the petitioner submitted that unless and until these powers are given, the Panchayat Samiti of the concerned village cannot work and perform the duty under the Act, 2001 and, therefore, let a suitable direction be given to the respondent-State to confer such powers so that the petitioner can perform his duties.

(2.) Learned counsel for the respondent-State submitted that a detailed counter affidavit has been filed and as stated in Annexure-1 of the counter affidavit, there is already a clarification made to the extent that it has become fashion in the State of Jharkhand to demand powers under the Panchayat Raj Act, 2001. Such powers are already there with them and there is already a clarification letter issued by the respondent-State vide letter dated 11th March, 2011 that as per Section 73, there is already such power vested in the Panchayat. Whatever is the function of the Panchayat Samiti or Committee, the same can be performed under the Act, 2001 without any additional conferment of the power by the State. This aspect of the matter has already been clarified by clarification letter dated 11th March, 2011, which is at Annexure-1 of the counter affidavit. Unnecessarily, the present petition has been preferred by the present petitioner against the State. The State has nothing to do, at all, in the whole matter. The powers of the members of the Panchayat are coupled with the duties. The only thing left out is the performance of power coupled with the duties by the Panchayat Samiti and, hence, the present petition deserves to be dismissed with exemplary cost.

(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this writ petition mainly for the following facts and reasons: