Kerala High Court Temporarily Restrains Secretaries From Disbursing Panchayat Funds For 'Nava Kerala Sadas'

The Kerala High Court on Tuesday restrained the Panchayat Secretaries from disbursing amounts from Panchayat funds for the conduct of 'Nava Kerala Sadas' against the resolution of the panchayat council. 

'Nava Kerala Sadas' is a program involving direct interaction of top officials with the people and redressal of their grievances. It seeks to address the issues faced by the community in four main sectors, namely, health, education, agriculture and housing, with the aid of local self-governments.

Justice Bechu Kurian Thomas passed the interim order on a plea filed by the Presidents and Vice Presidents of certain Panchayats in Malappuram and Kozhikode Districts.

The petitioners were aggrieved by the issuance of a Government Order issued by the Additional Chief Secretary, General Administration Department, which mandated that the Local Self Government Department ought to accord 'permissive sanction' to Local Self Government Institutions in the State to raise funds for meeting the expenses for conducting 'Nava Kerala Sadas'.

Subsequently, another GO was issued by the Additional Chief Secretary, Local Self Government Department granting permission to all Local Self Government Institutions or their Secretaries in the State to spend money out of their own funds for the conduct and promotion of 'Nava Kerala Sadas'.

The order states that Local Self Government Institutions through their Secretaries are authorized to spend out of the funds of the concerned institution for 'Nava Kerala Sadas' campaign if so required by the Organising Committee concerned. It adds that Municipalities and Block Panchayats through their Secretaries are authorized to spend up to Rs. 1,00,000/- out of their own funds for the conduct of 'Nava Kerala Sadas'. 

The petitioner averred that the afore GOs are ultra vires the provisions of the Kerala Panchayat Raj Act, 1994 and run contrary to the objectives of the Constitution (Seventy Third Amendment) Act, 1992 which envisages Panchayats as institutions of 'self governance'. 

It is their specific case that authorizing the Secretary of the Panchayat in Local Self Government Institutions to spend the Panchayat's own funds for 'Nava Kerala Sadas' without the consent of the President/ Council of the Panchayat is ultra vires the Kerala Panchayat Raj Act, 1994 and the Constitution (Seventy Third Amendment) Act, 1992. 

The petitioners submitted that the Panchayat Councils of Pookottur Grama Panchayat, Peruvayal Grama Panchayat and Malappuram Block Panchayat, have also already passed resolutions resolving not to give any amount to the Organising Committee of the 'Nava Kerala Sadas'. It was added that expending the funds of Panchayat for the event also did not come within the purview of the Kerala Panchayat Raj Act, 1994. 

It is on these grounds that the petitioners sought the further proceedings pursuant to the issuance of the GO to be kept in abeyance, and to direct the Secretaries of the respective Panchayats not to release any funds of the Panchayat for 'Nava Kerala Sadas'. 

It is noted that the High Court had earlier issued an Order holding that the State Government cannot direct Municipalities to expend its own funds for the conduct of 'Nava Kerala Sadas'.

The matter has been posted for further consideration on December 7, 2023. 

The present plea has been moved through Advocates P.A. Mohammed Shah, Renoy Vincent, Shahir Showkath Ali, Chelson Chembarathy, Abee Shejirik Fasla N.K., Muhamed Junaid V., Fathima Afeeda P., Adith Krishnan U., Nabeel Shah Ibrahim, and Shibu V.M. 

Case Title: Muhammed Ismail K. & Ors. v. State of Kerala & Ors. 

Case Number: WP(C) 40825/ 2023