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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.07.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.7444 of 2020
and
WMP(MD)No.6903 & 7138 of 2020
Ramu … Petitioner
Vs.
1.The Secretary to Government,
Municipal Administration and
Water Supply Department,
Secretariat, Chennai – 600 009.
2.The District Collector,
Sivagangai District, Sivagangai.
3.The Block Development Officer,
Thiruppuvanam,
Sivagangai District.
4.The Assistant Director, (Panchayats),
Sivagangai District. … Respondents
(R4 is suo motu amended as per
order dated 21.07.2020)
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, to call for the records pertaining
to the impugned tender notification of the third respondents, dated
01.07.2020 in Na.Ka.No.A2/2225/2019 and quash the same and
consequently direct the third respondent to include the works mentioned by
the petitioner in his representation dated 28.05.2020 and pass such further
or other orders as this Court may deems fit in the circusmtances of the
case and thus render justice.
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For Petitioner : Mr.G.Prabhu Rajadurai
for Mr.J.Anandkumar
For R1, R2 & R4 : Ms.S.Srimathy,
Special Government Pleader
For R3 : Ms.J.Padmavathi Devi
Special Government Pleader
ORDER
The petitioner is an elected ward member of Thiruppuvanam
Panchayat Union. It is in Sivagangai District. He challenges the tender
notification bearing Na.Ka.No.A2/2225/2019 dated 01.07.2020 issued by
the Block Development Officer, Thiruppuvanam. He alleges that the choice
of tender works has been influenced by political considerations. The more
important ones are to be carried out in the wards that have elected the
candidates belonging to the party ruling the State. Out of seventeen
members in the panchayat union, nine belong to the opposition parties.
One independent ward member is also with them. The party ruling the
State could not secure a majority in this panchayat union. Hence, the
officials are not convening the meetings for holding elections for the posts
of Chairman and Vice-chairman. Taking advantage of the situation, the
third respondent has issued the impugned tender notification bypassing the
local body.
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for devolution of powers upon and assigned various
functions listed in the Eleventh Schedule to the
Panchayats. The primary focus of the subjects
enumerated in the Eleventh Schedule is on social and
economic development of the rural parts of the country by
conferring upon the Panchayat the status of a
constitutional body. Parliament has ensured that the
Panchayats would no longer perform the role of simply
executing the programs and policies evolved by the
political executive of the State. By virtue of the provisions
contained in Part IX, the Panchayats have been
empowered to formulate and implement their own
programs of economic development and social justice in
tune with their status as the third tier of government which
is mandated to represent the interests of the people living
within its jurisdiction. The system of Panchayats envisaged
in this Part aims at establishing strong and accountable
systems of governance that will in turn ensure more
equitable distribution of resources in a manner beneficial
to all.”
14.The respondents 2 to 4 have not kept in view the
constitutional objective as adumbrated above. A duly elected local body
has been treated as non-existent and totally ignored in the process of
decision-making. While the District Collector is the authority competent to
accord administrative sanction for tender works valued more than
Rs.50,000/-, the proposals must emanate from the local body concerned. If
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there is no elected local body, the Block Development Officer can submit
proposals. Unless it is a case of emergency, it is the local body that must
deliberate and make the proposals. The learned counsel for the petitioner
has convincingly established that the impugned tender notification was
issued by the third respondent by usurping the role of the Panchayat Union
Council and by violating the provisions of the Tamil Nadu Panchayats Act,
1994. The third respondent cannot invoke either Section 86 or Section
261-A of the Act to sustain the impugned tender notification which clearly
lacks jurisdiction. It is quashed. The writ petition stands allowed. There
shall be no order as to costs. Connected miscellaneous petitions are
closed.
21.07.2020
Index : Yes / No
Internet : Yes/ No
skm
Note : 1.Issue order copy within one day after the
same received by the Court Officers Section.
2. In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
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