Telangana High Court
Bharatiya Janata Party Legislature ... vs The State Of Telangana on 14 November, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 29233 AND 29689 OF 2024
COMMON ORDER:
Since the grievance agitated in both the Writ Petitions is one and the same, with the consent of learned counsel for both the parties, they are taken up for final disposal. For convenience sake, facts in Writ Petition No. 29689 of 2024 are taken up for consideration.
2. Petitioners challenge G.O.Ms.No.33, dated 11.10.2024 issued by the 1st respondent - Government of Telangana for constituting "INDIRAMMA Committees" at Gram Panchayat level and Municipal Ward Level for implementing the beneficial scheme of INDIRAMMA INDLU Programme, without reference to Gram Sabhas and Ward Committees, as illegal, arbitrary, un-constitutional and against the provisions of the Telangana Panchayat Raj Act, 2018 and Telangana Municipalities Act, 2019 apart from being violative of Articles 14, 21, 39 and 243 of the Constitution of India.
3. Submissions of Petitioner:
Petitioner No.1 is native of Kothapally, Velpoor, Kolipaka, Nizamabad, and he served as Sarpanch of Kothapally 2 Gram Panchayat from Feb 2 (2019 to 2024). As a member of Scheduled Caste community and economically weaker section, he had been deeply committed to the upliftment and welfare of marginalized communities in the village and his focus has been on ensuring that the most vulnerable sections of society receive necessary support, resources, and opportunities to improve their living conditions. It is stated that during his tenure as Sarpanch, he had taken lead in implementing various government welfare schemes, ensuring that incentives and benefits reach those who need them most. These initiatives have included securing access to affordable housing, clean drinking water, sanitation and education for economically disadvantaged families. He further states that under his leadership, the Gram Panchayat has made significant progress in improving the village's infrastructure and overall quality of life. It is further stated that in recognition of his efforts, he was honoured with the prestigious Deen Dayal Upadhyay Panchayat Vikas Puraskar for exemplary work in two categories: Water-Sufficient Theme, where Gram Panchayat implemented sustainable water management practices to combat water scarcity, and Poverty- Free Theme, where he spearheaded initiatives aimed at reducing 3 poverty through self-sustaining employment and livelihood programs.
It is further stated that Petitioner No. 2 is a permanent resident of Pachalandukud Village, Velpur Mandal, Nizamabad District. He belongs to a Below Poverty Line (BPL) family and Schedule Caste (Madiga) Community and is financially-disadvantaged. Due to his impoverished condition, he is homeless and does not possess any permanent or stable shelter. He is working as agricultural labour to sustain himself and his family. Initially, the then Government of Telangana proposed to implement 2 Bed Room Housing Programme in the State and accordingly, had issued GO MS No. 10, Housing (RH&C-A1) Department, dated 15.10.2015 in a phased manner by the District Collectors and Commissioner, GHMC. Thereafter, certain guidelines were issued for implementation of 2 Bed Room Housing Programme. Further the 2nd respondent - Telangana State Housing Corporation Limited requested for issuing necessary amendment to GO MS No. 10, dated 15.10.2015 regarding operational guidelines issued on selection of beneficiaries to implement the said programme. Accordingly, the 1st respondent amended and issued GO MS. No. 12, Housing (RH&C-Al) Department, dated 26.11.2015. Amendments carried 4 out in Para II of GO MS No. 12 speaks about selection of Gram Panchayats/Wards and selection of beneficiaries. It is further stated that the 1st respondent had issued G.O.Ms.No. 7 Transport, Roads and Buildings (RH&C. Al) Department dated 09.03.2024 for commencement of New Housing Scheme for construction of houses to the houseless poor families named as "INDIRAMMA INDLU". In the said GO., under Clause VI, Rules stipulate that i) verification for eligibility will be done by the teams constituted by the District Collector and ii) eligible list of applicants will be placed before the Gram Sabha/ Ward Sabha for its approval.
It is further stated that the 1st respondent issued impugned GO and approved formation of INDIRAMMA Committees at Gram Panchayat/Municipal Ward level for effective implementation of INDIRAMMA INDLU Programme for providing construction assistance of Rs.5,00,000/- to houseless poor for construction of 4,50,000 new houses in the 1st phase in the State. The proposal submitted by the 2nd respondent - Housing Corporation through Lr. No. 1116/E&P/INDIRAMMA INDLU/2023 dated 01.10.2024 have decided to constitute INDIRAMMA Committees at Gram Panchayat / Municipal Ward Level involving local people and other functionaries by the 5 District Collectors. The Government of Telangana ordered the District Collectors to constitute INDIRAMMA Committees for implementation of the programme. It is further stated that at Gram Panchayat Level, Sarpanch / GP Special Officer will be as Chairman, Two Women from SHG (Self Help Group) Group will be as Members, Three local persons having interest in developmental activity (at least one member from BC and one member from SC/ST community) will be as member and Panchayat Secretary as Convenor and at Municipal Ward Level, Ward Councilor / Corporator will be as Chairman, two women from SHG (Self Help Group) will be as Members, three locals having interest in developmental activity (at least one member from BC and one member from SC/ST community) will be as member and Ward Officer as Convenor.
It is also stated that constituting two women from Self Help Group (SHG) at Gram Panchayat Level and Municipal Ward Level is unjust and un-sustainable and contrary to the provisions of Telangana Panchayat Raj Act, 2018 and Telangana Municipalities Act, 2019 and is liable to be set-aside. Further inclusion of two women from self-help groups (SHG) and three local persons having interest in the developmental activities both at Gram Panchayat level and Municipal Ward level is bad 6 in law, inasmuch as no specific qualification or any other requirements of those persons are detailed in the impugned G.O. In the absence of the same, there is likelihood that members of the Committee will be selected by the persons of their choice without any qualifications and more particularly, political personnel. If such scenario is allowed to go on, the very object of introducing the scheme will be defeated and the persons who are really in need will be deprived of and the very scheme will be misused by identifying the ineligible persons at the choice of political leaders. Thus, the very G.O. is unconstitutional and in violation of Articles 243G, 243S and 243W and the same is liable to be set aside.
4. SUBMISSIONS OF RESPONDENTS Respondents submit that writ of mandamus lies for enforcement of a fundamental right or statutory right or enforcement of a fundamental duty related to enforcement of a fundamental right or statutory right. Petitioners have no locus to file the present Petition, as no fundamental right or statutory right of petitioners is infringed. Petitioners relied upon the the judgment of the Hon'ble Supreme Court in Vivek Krishna Vs. Union of India {W.P(Civil)No.1034 of 2021} wherein it is 7 observed that "The breach or threat to breach fundamental, statutory or may be enforceable equitable right, is the sine qua non for issuance of writ of Mandamus". In the present case, there is no breach or threat of breach of petitioners' fundamental or statutory right. In such circumstances, petitions are devoid of locus standi to seek relief under writ of mandamus, as such Writ Petitions are liable to be dismissed on this ground alone without even going into merits.
Respondents further that Government for construction of houses to houseless poor families commenced New Housing Scheme in the State named as "Indiramma Indlu"
as part of implementation of the 6-gurantees programme under Abhayahastham by providing financial assistance of Rs.5,00,000/- per house with 100% subsidy and to construct 4,50,000 houses in the first phase with target of 3,500 houses per each Assembly Constituency. Vide G.O.Ms.No.7, dated 09.03.2024, Government issued guidelines for implementation of the scheme to the District Collectors in the District and Commissioner, GHMC in the GHMC area. For implementation of Scheme, financial assistance of Rs.5,00,000/- is provided per beneficiary. The amount envisaged for financial assistance is shared between Central and State Government. Share of State 8 Government under the Rural Housing is Rs.4,28,000/- and that of Central Government is Rs.72,000/- and further under the Urban Housing by the State Government is Rs.3,50,000/- and by the Central Government is Rs. 1,50,000/-. That given the sharing of the financial component, framework for implementation of the scheme, in para-No. 7.3.1.4 of the framework envisages tagging of village level functionaries like Gram Rozgar Sahayak, Bharath Nirman Volunteer, SHGs, Representatives of Civil Society Organizations or any Village level workers to follow up with the beneficiary and facilitate construction. Accordingly, in order to implement the programme in focused and integrated manner with complete involvement of local people besides the officials in a meaningful manner to help in taking continuous awareness building and monitoring, it is imperative to constitute a committee at Gram Panchayat / Municipal ward level involving local people and other functionaries.
It is further stated that the Government vide G.O.Ms. No. 33, dated 11.10.2024, directed District Collectors to constitute Indiramma Committees at Gram Panchayat/ Municipal ward level involving local people and other functionaries by the District Collectors. Since it is a Beneficiary 9 Led Construction (BLC) for the mode of construction, a support system in the form of Indiramma Committee will facilitate effective implementation of INDIRAMMA INDLU Programme. Composition of the said committees are as follows:
A.Gram Panchayat Level i. Sarpanch/GP Special Officer Chairman ii. Two Women from SHG group Members iii. Three local persons of the village having interest Members in developmental activities (at least one members should be from BC and one member from SC/ST) iv. Panchayat Secretary Convener B. Municipal Ward Level i. Ward Councillor/ Corporator Chairman ii. Two Women from SHG group Members iii. Three local persons of the village having interest Members in developmental activities (at least one members should be from BC and one member from SC/ST) iv. Ward Officer Convener The said Committees will discharge the following functions: a. To take up awareness building activities regarding the programme on continuation basis.
b. To handhold the beneficiaries in taking up the construction of houses.
c. To act as a committee for Social Audit. d. To report to the MPDO / Municipal Commissioner wrongful exclusion
of any eligible family or wrongful inclusion of any ineligible family or any other housing related issue.
It is also stated that in order to satisfy with the credibility of local persons in the Committee other than 10 Sarpanch / Counsellor and the Village Secretary / Ward Officer, MPDOs in rural areas and Municipal Commissioners in Urban area are directed to nominate the names and the District Collector will issue orders constituting Indiramma Committees in consultation with District In-charge Minister.
It is also stated that Panchayat Secretary in Gram Panchayat and Ward Level Officer in Municipal Ward or any officer authorized by the District Collector/Commissioner in the GHMC area will conduct survey of all the Applications received under Praja Palana, Prajavani and those received by the District Collector through an App viz., "Awaas Plus 2024" in Rural areas and in Urban areas and the App is being developed by State Government. The applicant's details including family details and their income shall be entered in "Awaas Plus 2024" App in Rural areas and in urban areas and the App is being developed by State Government to determine their eligibility as per the eligibility criteria fixed under the scheme. This approach will provide a permanent wait list ensuring the State will have ready list of households to be covered under the scheme leading to better planning of implementation. Once system generated priority list are available, then a Gramasabha or the meeting of the lowest unit of local self-Government will be convened. 11 Gramasabha or the lowest unit of local self-Government will verify the facts based on which the house hold has been identified as eligible. If inclusion has been done based on wrong facts, such ineligible Applications will be deleted by the Grama Sabha. The said approach ensures fairness and transparency in identification and selection of beneficiaries and further provides a systematic approach to target those who are genuinely-deprived and that selection is objective and verifiable. It is pertinent to submit that functions of Indiramma committees are restricted to the extent as given in tabular statement pertaining to committees at Gram panchayat Level and Municipalities Level. The Committees will not have any role in finalizing the list of eligible beneficiaries of the scheme as apprehended by petitioners.
5. Heard Sri J. Ramchander Rao, learned Senior Counsel appearing for Sri S. Santosh Kumar, learned counsel for petitioners in Writ Petition No.29689 of 2024, Sri Nandigam Krishna Rao, learned Senior Counsel appearing on behalf of Sri Ennamsetty Akhil, learned counsel for petitioner in Writ Petition No. 29233 of 2024. They relied upon the following judgments: 12
i. Allada Bhaskara Rao v. Govt. of Andhra Pradesh 1; ii. D.S. Nakara v. Union of India 2 iii. Dwaraka Nath v. Income Tax Officer 3 Heard Sri Tera Rajinikanth Reddy, learned Additional Advocate General appearing for the 1st respondent State and Sri B. Shiv Kumar, learned Standing Counsel for the 2nd respondent. While making submissions, they relied upon the following judgments:
i. Nrutang Gram Panchayat vs. State of Orissa 4 ii. Vivek Krishna vs. Union of India(W.P.(Civil) No.1034/2021-Supreme Court) iii. State of Uttar Pradesh v. Chaudhari Ran Beer Singh 5
6. Contentions of Sri. J. Ramchander Rao as well as Sri Nandigama Krishna Rao, learned Senior Counsel:
While reiterating the submissions made in the writ affidavit, learned Senior Counsel specifically argues that constituting Indiramma Committees at Gram Panchayat Level and Municipal Ward Level is unjust and un-sustainable and contrary to the provisions of the Telangana Panchayat Raj Act, 2018 and Telangana Municipalities Act, 2019 and is liable to be set-aside. Learned Senior counsel heavily relied upon Section 1 2010 (4) ALD 776 (DB) 2 (1983) 1 SCC 305 3 AIR 1966 SC 81 4 2015 SCC Online Orissa 375 5 (2008) 5 SCC 550 13 6(8)(j) of the Telangana Panchayat Raj Act, 2018 and Section 31 of the Telangana Municipalities Act, 2018 and also Articles 243G, 243S & 243W and contends that Government of Telangana cannot include private persons or local persons by way of Indiramma Committees and delegate powers in identifying the beneficiaries on a pick and choose method on a selective approach and the same would also tantamount to violation of Article 39 of the Constitution of India. The state shall direct its policy towards securing all the Citizens equally, since all have the right to adequate means of livelihood. The manner in which the private persons are identifying the beneficiaries will deprive the right to adequate means of livelihood to the citizens and there is likelihood of bias, arbitrary and discrimination. It is the duty of the State to apply the directive principles in making laws and the policies adopted by the state should be towards securing that men and women equally have the right to adequate means of livelihood.
Assignment of land to weaker sections of the society is in furtherance of a constitutional obligation imposed upon the State to secure the citizen an adequate means of livelihood, adequate housing without any discrimination. 14
Learned Senior Counsel relied upon heavily on the decision of Allada Bhaskara Rao's case. He argues that in view of the said judgment constituting the committees in identifying the beneficiaries is nothing but over-reaching the powers of Gramasabha which are recognised by the Statute itself. According to learned Senior Counsel, Government cannot delegate the powers of Gramasabha which are endowed upon them by the statute to any person/persons or to the committees with composition as mentioned in G.O.Ms.No.33 dated 11.10.2024. They also relied upon the decision in D.S. Nakara's case and DwarakaNath's case (supra) to substantiate the ground that petitioners are having locus to file the present Writ Petition and as such the same are maintainable in law.
7. Contentions of Sri. Tera Rajinikanth Reddy, learned Additional Advocate General:
The apprehension of petitioners that Indiramma Committees will handpick the beneficiaries eligible for the scheme circumventing the Grama Sabhas, is misconceived as the Committees will not have any role in finalizing the list of eligible beneficiaries and are limited to the functions as 15 stipulated in the impugned G.O. According to him, Indiramma Committees are not involved in identification of beneficiaries or preparation of final list of eligible beneficiaries; Government vide impugned G.O. directed District Collectors to constitute Indiramma Committees at Gram Panchayat/ Municipal ward level involving local people and other functionaries; since, it is a Beneficiary Led Construction (BLC), mode of construction, a support system in the form of Indiramma Committee will facilitate effective implementation of INDIRAMMA INDLU Programme. Learned Additional Advocate General further contends that in order to satisfy with the credibility of the local persons in the committee ie., other than Sarpanch / Counsellor and the Village Secretary / Ward Officer, the MPDOs in the rural areas and Municipal Commissioners in the Urban area are directed to nominate the names and the District Collector will issue orders constituting Indiramma Committees in consultation with District In-charge Minister. Similar Committees were formed in 2006 vide G.O.Ms. No. 350 dated 31.08.2006 for discharging similar functions to ensure eligible beneficiaries under Housing programme. Panchayath Secretary in Gram panchayath and Ward Level Officer in Municipal ward or any officer authorized by the District Collector/Commissioner 16 in the GHMC area will conduct survey of all the applications received under Praja Palana, Prajavani and those received by the District Collector through an app called "Awaas Plus 2024"
in Rural areas and in Urban areas the App is being developed by State Government. Applicant's details including family details and their income shall be entered in "Awaas Plus 2024" in Rural areas and in urban areas the App is being developed by State Government to determine their eligibility as per the eligibility criteria fixed under the scheme. This approach will provide a permanent wait list ensuring that State will have ready list of households to be covered under the scheme leading to better planning of implementation. Once system-generated priority list is available, Gramasabha or the meeting of the lowest unit of local self-Government will be convened. They will verify the facts based on which the household has been identified as eligible. If inclusion has been done based on wrong facts, such ineligible Applications will be deleted by Gramasabha. The said approach ensures fairness and transparency in identification and selection of beneficiaries and further provides for a systematic approach to target those who are genuinely deprived and that the selection is objective and verifiable. The functions of the Indiramma committees are restricted to the extent as stated in, 17 Clause 3 of G.O.Ms.No.33. It is argued that Committees will not have any role in finalizing the list of eligible beneficiaries of the scheme as apprehended by petitioners. It only reports to Collector / Commissioner of wrongful inclusion or exclusion of names for verification and action at the end of Collector / Commissioner. These committees were constituted only to create awareness among the beneficiaries in taking up the construction work in an effective manner. The said committees were constituted in consonance with Clause 7.3.1.4 of guidelines issued by the Central Government.
Learned Additional Advocate General further contended that Articles 243-G and 243-W empower the State Legislature to endow Panchayats and Municipalities with such powers as may be necessary. The said Articles provide for clauses enabling the State to endow by law the Grama Sabha, Grama Panchayats and Municipalities with such functions as may be necessary to function as institution of Self-Government. The above provisions under the Constitution, in no manner, restrict the State from formulating policies to ensure fair and transparent implementation of a scheme. The policy decision of the State Government under the impugned G.O. does not violate the above provisions of the Indian Constitution. By virtue of 18 Article 243G, the State Government enacted The Telangana Panchayat Raj Act, 2018. Section 6 provides for subjects that may be reviewed by the Grama Sabha. It was heavily contended that under clause (j) to sub-section 8, it is clearly stipulated that preparation of final list of eligible beneficiaries on the basis of the criteria fixed is the function endowed upon the Grama Sabha by the State Legislature. As per the scheme "IndirammaIndlu" and the framework for implementation, once system-generated priority lists are available, Gramasabha or the meeting of the lowest unit of local self-Government will be convened and they will verify the facts based on which the household has been identified as eligible. If inclusion has been done based on wrong facts, such ineligible applications will be deleted by the Gramasabha. That the said approach ensures fairness and transparency in identification and selection of the beneficiaries and further provides for a systematic approach to target those who are genuinely deprived and that the selection is objective and verifiable. The contention of petitioners that committees will usurp the power of Gramasabha is flawed and devoid of any merit, as such the present writ petitions are liable to be dismissed. Further it was also contended that Writ 19 Petitions are not maintainable as petitioners do not have locus as no fundamental right or statutory right is infringed.
8. ANALYSIS:
Before delving deep into the issue on hand, it is apposite to extract the relevant provisions of law dealing with the said subject:
Section 6 of the Telangana Panchayat Raj Act, 2018:
"6. (1) There shall come into existence a Gram Sabha for every village on the date of its formation under section 3.
.....
(8) The following subjects may be reviewed by the Gram Sabha:-
(a) Sanitation: Solid and liquid waste management, safe disposal of garbage by converting it into compost; promotion of open defecation free village.
(b) Maintenance of Street lights: Conservation of Energy;
I Plantation and maintenance of trees under different schemes in Gram Panchayat;
(d) Create Awareness on Family Welfare, Education, Public Health, abolition of child labour, bonded labour, social evils etc;
I Maintenance of internal roads, culverts and drains;
(f) Maintenance of Community Assets - Common sites, Public places, buildings, community halls, parks etc;
(g) Promoting Cultural activities - Fairs and festivals, Sports and Games;
(h) The collection and compilation of details required to formulate development plans of the Panchayat;
20
(i) Formulation of proposals and fixing of priority of schemes and development programmes to be implemented in the Gram Panchayat;
(j) Preparation of final list of eligible beneficiaries in the order of priority relating to all the beneficiary-oriented schemes on the basis of the criteria fixed;
(k) Rendering assistance to implement effectively the development schemes by providing facilities locally required;
(l) Mobilizing voluntary service, Shramadanam and contribution in cash or in kind for the development plans;
(m) Locating street lights, public taps, public wells, public sanitation units, such other public utility schemes;
(n) Formulation of schemes to impart awareness on matters of public interest like cleanliness, environmental protection, pollution control and to create awareness on health and hygiene;
(o) Promoting communal harmony, unity and goodwill among the people within the Gram Panchayat;
(p) Monitoring and rendering assistance to the beneficiaries engaged in the developmental activities within the area of the Gram Panchayat;
(q) Verifying the persons getting various kinds of welfare assistance from the Government such as pensions etc;
I Collection of information regarding the detailed estimates of works proposed to be implemented in the Gram Panchayat;
(s) Follow up action taken on the decisions of the Gram Sabha and the detailed reasons for not implementing any of the decisions;
(t) Proposal of Gram Panchayat relating to fresh taxation or enhancement of existing taxes;
(u) Promotion of adult education;
(v) Conservation and maintenance of public properties; (w) Promotion of self help group activities;
(x) Such other functions as may be prescribed from time to time by the Government."
Article 243 of the Constitution of India:
21
243A. Gram Sabha A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may by law, provide. 243G. Powers, authority and responsibilities of Panchayats Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self- government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to--
(a)the preparation of plans for economic development and social justice;
(b)the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule.
243W. Powers, authority and responsibilities of Municipalities, etc. Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow--
(a)the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to--
(i)the preparation of plans for economic development and social justice;
(ii)the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;
22
(b)the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.
9. According to the learned Senior Counsel, the statute mandates identification of beneficiaries for the purpose of beneficial schemes is endowed upon Gramasabhas and Government does not have power to delegate the said function to some others more particularly to the committees as is prescribed under G.O.Ms.No.33 dated 11.10.2024. In Allada Bhaskara Rao's case (supra) in Paras 23, 24 and 26, it was held as under:
"23. The State Government had, in fact, recognized that the Constitution Seventy-third Amendment provides for strengthening and revitalizing the Panchayat Raj institutions so that they can subserve the needs of the teeming millions that live in the rural areas. G.O.Ms.No.571 Panchayat Raj and Rural Development (RD.III) Department, dated 26.12.2007 referred to the enactment of the Andhra Pradesh Panchayat Raj Act, 1994 reflecting the spirit of the Constitutional mandate, identification of ten core subjects to be devolved to the Panchayat Raj institutions by demarcating official responsibility basing on the subsidiarity principle and the implementation of National Rural Employment Guarantee Scheme being devolved on the Panchayat Raj institutions. If that were the spirit of devolution of the State Government, the impugned Government order No.274 is not in tune with such declared objective.
24. The petitioners also contended that the substitution of Para 5 of G.O.Ms.No.350 by the impugned Government order will, in effect and substance, make the committees constituted hitherto prior to the 23 impugned Government Order also void making the impugned Government Order operate retrospectively, which is illegal.
26. The works undertaken under Indiramma Programme were also claimed by a set of petitioner to be within the scope and ambit of the National Rural Employment Guarantee Act, 2005. The Act, which is necessary corollary to the Directive Principle of State Policy under Article 41 of the Constitution, makes the Panchayats the principal authorities for planning and implementation of the scheme made under the Act by Section 13(1) read with S.2(g) and the responsibilities of the Gram Panchayats were statutorily specified in S.16. Gram Sabhas, Ward Sabhas and Gram Panchayats are responsible for the respective functions assigned by the provision and social audit of such works by Gram Panchayat is provided by S.17. Schedule-II under S.5 makes it the duty of the Gram Panchayat to register the households and their adult members and discharge all other responsibilities relation to guarantee rural employment under a scheme. The operational guidelines issued under the Act emphasize the 'pivotal role' of the Gram Panchayats in the implementation of the Rural Employment Guarantee Schemes. Social audit and vigilance at gross root level are sought to be achieved by inspection, review and monitoring by local Committees or Gram Panchayats and thus, the provisions of the Act and the implementation of the schemes thereunder indicate in no unmistakable terms that Gram Panchayats cannot be divorced from such schemes nor can their inseparability be diluted with the imposition or intervention of any extraneous exercise of power by any other functionaries to their exclusion."
10. Having gone through the entire judgment relied upon by the learned Senior Counsel, this Court is of the opinion that facts of that case are totally different. In the said case, the issue is totally different wherein predominant role was assigned 24 to Gram Sabhas and Gram Panchayats under National Rural Employment Guarantee Act, 2005, which is a Central enactment. In the State enactment i.e. in the Telangana Panchayat Raj Act, 2018, role assigned to GramaSabhas in terms of Section 6(8) is not absolute but at the discretion of the Government as the word "may" is used which means existence of discretion unlike the word "shall" which means no option. It is trite law that the word "may" does not mean "shall". The word "may" is generally used to express possibility and discretion, while "shall" is used to indicate a mandatory provision (Vidharbha Industries Power v Axis Bank Civil Appeal No. 4633 of 2021). Therefore the contention of the learned Senior Counsel that Grama Sabha or Ward Sabhas have been diluted by forming Indiramma Committees does not have stand in the eye of law.
11. Even in the present case also, the procedure followed is that Panchayat Secretary in Gram Panchayat and Ward Level Officer in Municipal Ward or any officer authorized by the District Collector/Commissioner in the GHMC area will conduct survey of all the Applications received under Praja Palana, Prajavani and those received by the District Collector through an App viz., "AwaasPlus 2024" in Rural areas and in 25 Urban areas and the App is being developed by State Government. That the applicant's details including family including family details and their income shall be entered in the "AwaasPlus 2024" App in Rural areas and in urban areas and the App is being developed by State Government to determine their eligibility as per the eligibility criteria fixed under the scheme. This approach will provide a permanent wait list ensuring that the State will have ready list of households to be covered under the scheme leading to better planning of implementation. Once system-generated priority lists are available, then a Gramasabha or the meeting of the lowest unit of local self-Government will be convened which will verify the facts based on which the household has been identified as eligible. If the inclusion has been done based on wrong facts, such ineligible Applications will be deleted by Gramasabha. The said approach ensures fairness and transparency in identification and selection of beneficiaries and further provides for a systematic approach to target those who are genuinely deprived and that the selection is objective and verifiable. It is pertinent to submit that functions of Indiramma committees are restricted to the extent as given in tabular statement pertaining to committees at Grampanchayat Level and Municipalites Level. 26 Committees will not have any role in finalizing the list of eligible beneficiaries of the scheme as apprehended by the petitioners.
12. Further, this Court also noted that in the said committee, three local persons from the village having interest in developmental activities at least one member from BC and one member from SC/ST communities apart from two women SHG group and Sarpanch/GP Special Officer in case of Gram Panchayat and Ward Councillor/Corporator in case of Municipal Ward would divulge the fact that the Committee's role is only to facilitate the Gram Sabha and Ward Sabha to come to a just conclusion in assessing the wrongful exclusion of any eligible family and wrongful inclusion of any ineligible family or any other housing related issue. Further, the Gramasabha or the lowest unit of local self-Government will verify the facts based on which the household has been identified as eligible. If the inclusion has been done based on wrong facts, such ineligible Applications will be deleted by the Gramasabha.
13. At this juncture, it is germane to refer to the decision relied upon by the learned Additional Advocate General in Nrutang Gram Panchayat's case (supra) wherein the Hon'ble High Court of Orissa considering Article 243G, observed as under:
27
"8. Thus this provision is very clear by which panchayats have been empowered to prepare plan or implement the various schemes but if entrusted to them by the Government this suggests that this is enabling provision and discretions lies with the State to hand over any scheme for preparation of plans or implementation of a scheme hence it is not mandatory.
In the case in hand, the Government although has launched a resolution in the month of October, 2014 entrusting the Gram Panchayat to participate in the implementation of the scheme but subsequently resolution dated 9.6.2015, the Government has changed the method for implementation of the scheme"
14. In the above case, the High Court of Orissa upheld the State's action in changing its decision of entrusting Gram Panchayat to participate in implementation of Scheme more particularly to identify beneficiaries under the poverty alleviation programmes or other similar programmes. Therefore the above said decision squarely applies to the facts of the case, as rightly contended.
15. It is submitted that Section 6(8) of the Telangana Panchayat Raj Act, 2018 categorically states that certain subjects may be reviewed by the Grama Sabha. Though eligibility of beneficiaries is not ascertained through the GramaSabhas, the same cannot be fatal for implementation of the Scheme as the statute does not endow powers to Grama 28 Sabha to perform such functions. The said provision gives a degree of freedom and discretion to the State Government for implementation of a scheme. This Court also finds merit in the contention of learned Additional Advocate General for one other reason that in the matter of policy decisions scope of judicial review under Article 226 is limited, unless there is infringement of fundamental right or arbitrariness is established. The Hon'ble Supreme Court in State of Uttar Pradesh Vs. Chaudari Ran Beer Singh 6 observed as follows:
"The policy decision must be left to the Government as it alone can decide which policy should be adopted after considering all relevant aspects from different angles. In matter of policy decisions or exercise of discretion by the Government so long as the infringement of fundamental right is not shown, courts will have no occasion to interfere and the court will not and should not substitute its own judgement for the judgement of the executive in such matters. In assessing the propriety of a decision of the Government the Court Cannot interfere even if a second view is possible from that of the Government."
16. As rightly contended, in view of the large-scale volume of the houses and beneficiaries involved in the scheme, the government formulated the present policy to ensure fairness and transparency in implementation of the scheme. As stated in para 4 of the counter of the 1st respondent, framework for implementation of the scheme, in para-No. 7.3.1.4 of 28 6 (2008) 5 SCC 550 29 framework envisages tagging of village level functionaries like Gram Rozgar Sahayak, Bharath Nirman Volunteer, SHG's, Representatives of Civil Society Organizations or any village level workers to follow up with the beneficiary and facilitate construction. In such circumstances, apprehension of petitioners that Committees will handpick the beneficiaries is misplaced and misconceived.
17. Though respondents have raised the issue of locus of petitioners to maintain Writ Petitions, in view of the decisions cited by the learned Senior Counsel in D.S. Nakara's case, this Court is left with no option except to reject the contention with respect to non-maintainability of Writ Petitions on the ground of no locus to petitioners.
18. FINDING:
This Court therefore, finds that challenge to G.O.Ms.No.33 dated 11.10.2024 issued by the 1st respondent - Government of Telangana for constituting "INDIRAMMA Committees" at Gram Panchayat level and Municipal Ward Level for implementing the beneficial scheme of INDIRAMMA INDLU Programme, without reference to Gram Sabhas and Ward Committees, fails as the Government has discretionary power to implement the beneficial schemes under a policy decision and 30 the same cannot be interfered with by this Court, as such the same is rejected. However, liberty is given to petitioners to approach this Court in case it is found that the said scheme is being implemented contrary to its object for which it is launched.
19. With the above directions, Writ Petitions are disposed of. No costs.
20. Consequently, miscellaneous Applications, if any shall stand closed.
-------------------------------------
NAGESH BHEEMAPAKA, J 14th November 2024 ksld