SUBEDA KHATOON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Seeking quashing of Clause 5 in Memo dated 27.04.2015, the present writ petition has been filed.

(2.) The petitioner claims herself a Member of Zila Parishad No.14, Deoghar. A resolution was issued on 25.10.2012 under Article 243(g) of the Constitution of India transferring power, authority and responsibility of Gram Panchayat, Panchayat Samittee and Zila Parishad under Rule 75, 76 & 77 of the Jharkhand Panchayati Raj Act, 2001. Under Clause III (4) of the Resolution dated 25.10.2012 power to use subsidy for agriculture was delegated to Zila Parishad. The petitioner is aggrieved by Memo dated 27.04.2015 whereunder, approval for schemes/projects which included beautification of the Government ponds has to be given by the Deputy Commissioner.

(3.) The learned counsel for the petitioner submits that order contained in Memo dated 27.04.2015 has been issued contrary to Resolution dated 25.10.2012. Under Memo dated 27.04.2015, 30 ponds have been identified and allotment of fund has been made for the financial year, 201516. The grievance of the petitioner is that Memo dated 27.04.2015 has been issued without consultation and approval of local bodies.