Madras High Court Judge Says Jal Jeevan Tenders Cannot Bypass Panchayat President But Refers Issue To Chief Justice Citing Contrary Decision

Justice GR Swaminathan thus took a different view than the one already taken by a single judge pertaining to the same facts. The judge, however suggested that since a single judge had already rejected a plea in this regard, it was not appropriate for him to allow the petition and thus directed the registry to place the papers before the Chief Justice to take a call on the matter.

“The fact remains that the petition-mentioned works fall within the domain of the local bodies. The Constitution as well as the scheme underlying the Tamil Nadu Panchayats Act, 1994 unambiguously provide that it is the local body that must carry out works relating to drinking water. The funds of the Central Government to implement Jal Jeevan Mission Scheme are disbursible only to the local bodies. I am therefore of the view that the panchayat presidents cannot be bypassed. They cannot be reduced to the level of rubber stamps,” the court observed.

The court was hearing the plea by Tamil Nadu All Village Panchayat Presidents Welfare Association challenging an order of the Sivagangai District Collector according sanction for the works under the Jal Jeevan Mission Scheme. It was submitted that the power to invite tenders and accept tenders for carrying out the works has been conferred on the jurisdictional Block development Officers (Village Panchayats) and in case of need, the District Collector could be the tender accepting authority. It was argued that since the work was village-specific, the Panchayat Presidents should be given the power to invite and accept tenders.

However, challenging the maintainability of the plea, the Additional Advocate General submitted that the issue had already been decided in favour of the government by an order of a single judge in 2020 and endorsed in another plea. He also submitted that the association could not maintain the petition. Additionally he also pointed out that the proceedings were in consonance with a Government Order of the RD &PR Department dated 16.06.2020 and the GO itself was not challenged.

Though the judge agreed that the issue had already been decided, he remarked that he could not tread the same path since he endorsed the view that elected bodies/village Panchayats could not be by-passed. He also commented that the regional parties who were professing federalism and demanding devolution of powers wanted powers to remain concentrated on State capitals.

“The Father of the Nation dreamt of Gram Swaraj. We have forgotten J.C.Kumarappa. Regional parties that wax eloquent on federalism and demand devolution of powers want the powers to remain concentrated at the State capitals,” the court remarked.

However, in view of the earlier orders, the court refrained from allowing the petition and ordered accordingly.

Counsel for the Petitioner: Mr.M.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates

Counsel for the Respondent: : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.K.Balasubramani, Special Government Pleader

Citation: 2023 LiveLaw (Mad) 320

Case Title: Tamil Nadu All Village Panchayat President Welfare Association v State of Tamil Nadu

Case No: WP(MD)No.24183 of 2023