Maya Devi And Others vs State Of H.P And Others

Mohammad Rafiq, CJ

This petition has been filed by petitioner­Maya Devi, Pradhan of Gram Panchayat Kapahra, and Vinay Kumar Sharma, Up­Pradhan of Gram Panchayat Kapahra, challenging the order, Annexure P­5, dated 6th/7th October, 2020, issued by the Development Officer, Development Block Ghumarwin, District Bilaspur, conveying to the Secretaries of all the Gram Panchayats of Development Block Ghumarwin that if any one of them have inaugurated any project constructed at the Government expenses, they should remove the inauguration plaques before the elections of Panchayati Raj Institutions.

The learned counsel for the petitioner has invited the attention of the Court towards Annexure P­4, the circular issued by the Department of Panchayati Raj, Government of Himachal Pradesh on 18th September, 2009, whereby all the District Panchayat Officers and the Block Development Officers as also the Deputy Commissioners in the State of Himachal Pradesh have been informed that it has been brought to the notice of the Department that the officer bearers of the Panchayati Raj Institutions are inaugurating the buildings and other development projects, which are constructed out of the Government funds, only with a view to avail the political mileage and the Government has, therefore, taken a decision to restrain all such activities.

The learned counsel for the petitioner has submitted that subsequently, the new order has been issued on 6th /7th October, 2020 (Annexure P­5) addressed to all the Panchayat Secretaries of Development Block Ghumarwin, District Bilaspur, on the premise that since the elections of the Gram Panchayats have to take place, no such inauguration should be carried out by the representatives of the Gram Panchayats concerned.

The learned Advocate General has submitted that insofar as the subsequent order dated 6th /7th October, 2020 (Annexure P­5) is concerned, the same had to be issued because the process of new elections of Gram Panchayats had commenced in September, 2020 and, therefore, the inauguration work by the earlier Pradhans and Up­Pradhans of the Gram Panchayats had to be restrained because that could have violated the Model Code of Conduct and as far as the earlier order issued in the year 2009 is concerned, the same is a policy decision taken by the Government.

Learned counsel for the petitioner, in rejoinder, has stated that as far as the smaller projects, where the cost of construction is quite low, are concerned, if such projects are inaugurated by the Ministers or the Members of the Legislative Assembly, at times, the expenses incurred for inauguration function itself may exceed the cost of constructions of the said project. He, therefore, has submitted that the Government should issue clear guidelines as to the project(s) of what value should be inaugurated by the elected representatives of Gram Panchayats so that the public may start using the constructed buildings or other projects immediately.

In our considered view, it is essentially a policy matter, but the Government ought to consider framing of such policy clearly as to the buildings or other projects, cost of which is very high and which are comparatively not of much public importance, need not be inaugurated and may be put to public use immediately on completion of the construction to save the unnecessary expenses on the inaugural activities or whether the Pradhans or Up­Pradhans are to be allowed to inaugurate the projects up to a particular value.

With these observations, the writ petition is disposed of, so also the pending miscellaneous applications, if any.