Notice was ordered by Hon’bleChief Justice and Hon’ble Justice Sentil Ramamoothy Bench in 3 Writ Appeals filed against dismissing batch of Writ petitions filed by Panchayat presidents.
Notice was ordered by Hon’bleChief Justice and Hon’ble Justice Sentil Ramamoothy Bench in 3 Writ Appeals filed against dismissing batch of Writ petitions filed by Panchayat presidents.
Two Writ Appeals were filed by 1) Parvathi chairman Person of Thiruvannamalai District Panchayat council and2) G Jothi Chairman Cheyyar Panchayat Union Council against dismissing of Writ Petitions challenging Tenders and work order issued and money taken with out the approval of elected body of District panchayat relating to maintaining ponds / ooranies
Another Writ Appeal was filed by 7 Panchayat Presidents viz G Ramesh and others in Districts of Tiruvannamalai,Cuddalore, Salem, Krishnagiri, Dharmapuri against the dismissal of Writ Petition challenging
The tenders floated to implement Jal Jeevan Mission scheme of the central government without the Involvement of elected local bodies and with help of officials of Panchiyatraj Department.
Mr P. Wilson argued that after 73rd constitutional amendment the local bodies are self government who are entrusted with managing their own affairs . While so the Director of Rural Development and Panchayat Raj Thiru KS Palanichamy has been issuing instructions and guidelines against the 73rd constitutional Amendment and Panchayat Act, time and again, ignoring the elected local body. He has scant respect towards elected body and in fact sidelined them with impunity.
He submitted that in first two Writ appeals Tiruvannamalai District Panchayat council came in to existence on 11.1.2020 after local body election and therefore the duly constituted body has to deal with maintaining ponds and ooranies by inspection and evaluation of tenders Relating to them as ponds are vested with Panchayat. How ever the Director issued letter dated 13.1.2020 to the collector and BDO’s to float the tender and issue work orders by themselves. He said a sum of Rs 7.5 crores is looted with collusion of special officer and transfer made from accounts of District panchayat without Panchayat resolution. This official high handed ness intrudes in to functioning of local bodies adhering constitutional principles of self government. He said local bodies are being disrespected and disregarded by present government and all functions are high jacked by officials thereby belittling the local bodies and the constitution.
In the 3rd Writ Appeal Mr P. Wilson submitted that the central government with a fond hope to involve community participation and Grama Panchayat, brought out a scheme called jal Jeevan mission under which the entire planning, implementation, management, operation and maintenance of water supply is entrusted with elected local body under supervision of committees formed at Panchayat/ District level. How ever the Director of Rural Development and Panchayat Raj Mr KS Palanisamy by his letter dated 2.7.72020 issued instructions to proceed with all works with the involvement of Panchayat raj officials and collectors there by kept away all the elected local bodies away from implementation of the JJM scheme. Thus it is going against Panchayat Raj Act as well as Jal Jeevan Mission Scheme itself. Central government has allotted 2 lakh crore for this entire scheme . In TN about 1.26.89.045 house hold taps in village and rural habitations has to be provided and sanction of 2370.670 crore is asked from central government and 917.44 crore is released .
The AAG Mr Arvind pandian took notice for government .
The 3 WA’s are posted in first week by Hon’ble First Bench for hearing .
