LexM/S GUJARAT PRADESH PANCHAYAT PARISHAD AND ORS. versus STATE OF GUJARAT AND ORS.
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A MIS GUJARAT PRADESH PANCHA YA T PARISHAD AND ORS. v. >- STATE OF GUJARAT AND ORS. JULY 30, 2007 B [C.K. THAKKERANDP.K. BALASUBRAMANYAN,JJ.] Gujarat Panchayats Act, 1993-ss. 83 and 162-Powers of President + of District Panchayat vis-a-vis powers of District Development Officer-In the c administration of District Panchayat-Held: Powers conferred on District Development Officer u/s 162, regarding executive matters are 'absolute' and . unqualified'-And not subject to orders of the President of District Panchayat-President of District Panchayat is empowered to secure only implementation of Policy decisions-Part IX of the Constitution only conferred constitutional status to the Local Self Government to the District Panchayats, D and does not require the District Development Officer to exercise his executive powers, subject to the orders of the President of District Panchayat- Constitution of India, 1950-Part IX, Article 243-G (as inserted by Constitution (Seventy-third Amendment) Act, 1992). Appellant No. 2 District Panchayat, is a member of appellant No. 1- E society. The District Panchayat passed a resolution that District Development Officer (ODO) shall consult the President of the District Panchayat in matters of recruitment, app~intment, transfer, promotion, posting, deputation etc. of all Panchayat employees of the District Panchayat. ODO-respondent No. 3 did not observe the resolution on the ground that such powers could be F exercised only by the DDO and the President of District Panchayat had no voice in executive or administrative functions. Appellants flied Writ Petition. 'f- Single Judge of High Court dismissed the Petition endorsing the view of the DDO interpreting the provisions of Gujarat Panchyats Act, 1993 by referring to the Rules framed thereunder. Division Bench of High Court, in Lett~rs Patent Appeal approved the judgment of Single Judge. Hence, the present G appeal Dismissing the appeal, the Court HELD: 1.1. It cannot be said that the District Development Officer must -)-- H 634 -( - GUJARAT PRADESHPANCHA YA TPARISHAD v. STATE OF GUJARAT 635 ,./'" exercise statutory powers conferred on him by Gujarat Panchayats Act, 1993 A only after consulting the President of the District Panchayat or the President of the District Panchayat can issue omnibus directions to the District Development Officer to place all files relating to recruitment, appointment, promotion, transfer, deputation, disciplinary action, etc. before him prior to taking any action in such matters. I Para 39) (653-E, F) B 1.2. It cannot be said that the powers conferred on District Development Officer are not 'absolute' or 'unqualified' but they are subject to orders of -t-- the President of the District Panchayat. Reading s. 162 of the Act as a whole and the use of the words "if any" clearly suggests that the power exercisable by the District Development Officer under the Act is statutory power to be c exercised by him. The executive initiation remains with the District Development Officer and he need not wait for a 'nod from the President' before performing any administrative function or taking any executive decision within the four corners of law. (Para 31) 1650-E, F, G) Syed Bashiruddin Ashraf v. Bihar Subai Sunni Majlis-e-awqaf and Ors., D ~ 11965) 2 SCR 205, followed. 1.3. The District Development Officer who is vested with the executive powers of the District Panchayat is not required to obtain prior or even subsequent orders of the President of the District Panchayat. In individual cases, the President may direct the District Development Officer to take E appropriate steps for securing effective implementation of resolutions or orders passed by the Panchayat or of any committee thereof. (Para 33) (651-C, DJ 1.4. In matters relating to services under the Panchayats, no express F - .... power has been conferred nor duties imposed on the President of the District Panchayat or members (elected wing). The Legislature thus intended services under the Panchayats to be dealt with separately by the District Development Officer and other officials of the Panchayat. It may be recalled that District Development Officer is Class-I Officer of the Indian Administrative Serviee appointed by the State. He is also ex-officio Secretary of the District G Panchayat. (Para 341 (651-E, F) ~ ~- 1.5. Section 83 of the Act empowers the President to secure implementation or policy dec
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