Kerala HC Seeks State's Response In Plea Challenging Constitutional Validity Of S.219AD(5) Of Panchayat Raj Act Enacted Through 2023 Ordinance

A plea has been moved in the Kerala High Court challenging the constitutional validity of Section 219AD(5) of the Kerala Panchayat Raj Act, 1994 ('Act, 1994'), which had been enacted by an Ordinance promulgated by the Governor on December 7, 2023. 

When the matter was taken up on Monday, the Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen sought the response of the respondent State authorities and posted the same for further consideration at a later date. 

Section 219A (2) of the Act, 1994 vests the responsibility of waste management in a particular Panchayat upon the Secretary of the concerned Panchayat. 

In this regard, Section 219AD of the statute prescribes that a user fee shall be remitted in order to avail the waste collection and management services of the Panchayat. As per Section 219AD(3), if a waste generator fails to pay the said user fee, the Village Panchayat has the power to recover the same as arrears of public revenue with a fine at the rate of 50% per month.

Further, Section 219AD(5) states that the Panchayat Secretary has the power to stop providing any services of the Panchayat to an individual who has defaulted in the payment of the user fee prescribed.

The petitioners argue that the powers granted to the Secretary of the Village Panchayat to refuse to provide any services of the Village Panchayat to a defaulter of the prescribed user fee under Section 219AD(5), over and above the 50% fine envisaged under Section 219AD(3), amounts to punishing the defaulter more than once for the offence of not remitting the prescribed user fee, and allege the same to be violative of the principles of natural justice, as well as the fundamental rights of the concerned individuals. 

The petitioners assert that the provision is unconstitutional since the same would result in the individuals not being able to avail of any service from the Village Panchayat, in case a default occurs in non-remittance of user fee for a specific service.

The present plea has been moved through M/S Marar & Iyer. 

Case Title: Unnikrishnan & Anr. v. Chief Secretary & Ors.