State can't float tenders without consent of village panchayats, rules Madras High Court

Fresh tender process shall thereafter be initiated following law to identify the contractor for carrying out the work, Justice Anand Venkatesh stated in his order.
Madras High Court (File photo | EPS)
Madras High Court (File photo | EPS)

CHENNAI: Madras High Court on Friday ordered termination of tenders that were issued under the panchayat funds without the consent of the elected village panchayats representatives. 

The court said that the state government has 'belittled' the independence of the panchayats.

The issue pertains to Rural Development and Panchayat Raj Departments and the respective district collectors in the state carrying out infrastructure works utilizing the funds meant for the Panchayats
allotted in the 14th Financial Commission. 

The department despite the elections conducted and the appointment of office bearers continued their infrastructure works without the consent of the gram sabha and the panchayat heads.

Justice Anand Venkatesh in his order stated that the court has absolutely no hesitation to interfere with the tender process initiated by the department and the entire process shall stand terminated.

Fresh tender process shall thereafter be initiated following law to identify the contractor for carrying out the work, he added.

However he also said work orders that have already been issued, can continue and the order will not stand in the way for the completion of the work which has already commenced.

Criticising the reply made by the state government supporting its claims by carrying out the work using special officers appointed by the government, the judge observed, "such statements made in the
counter-affidavit only shows the attitude of the government and the executive who even now seem to be thinking that panchayats are their subordinates."

The only way to improve the Panchayati Raj System is to recognise their independence and empower them to take independent decisions and implement the same as belittling them, he emphasized.

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