GOVERNMENTAL AND JUDICIAL CONTROL OVER PANCHAYAT RAJ INSTITUTIONS

Although the 74^th amendment of the Constitution has granted sufficient autonomy to Panchayat Raj Institutions and have been accorded constitutional status, they are not completely free from Governmental control. The Panchayat Raj Institutions work within the limits prescribed by the Kerala Panchayat Raj Act which creates and governs them.

Legislative Control

Panchayat Raj institutions are set up by the laws passed by the legislature. Government can bring change in their organization, powers and functions through a law passed by the legislature.

Financial Control

Government undertakes the audit of the accounts of Panchayat Raj institutions from time to time for checking irregularities committed by these institutions which spending money. For raising loans from the financial institutions, Panchayat Raj institutions have to seek the prior approval of the Government.

Control through Government Officials

Executive Officers of Panchayat Raj institutions are Government officials and the Government exercises its control over these bodies through these officials.

Power to Dismiss the Panchayat Raj Institutions

Under the 74^th amendment to the Constitution, these institutions have been given a stable 5 years tenure. However, even then, if in the opinion of the Government, a Panchayat Raj institution is not competent to perform its duties or persistently makes default in the performance of duties, the Government can dismiss it even before the expiry of its term.

Administrative Control

1. The Government can seek any report, record or information from the Panchayat Raj Institution;
2. The Government can appoint any officer of its own to scrutinize and examine the work done by a Panchayat Raj institution and
3. The sanction in respect of the bye-laws passed by a Panchayat Raj institution has to be obtained from the Government.

Judicial Control

Section 271-G of the Kerala Panchayat Raj Act provides for the appointment of an ‘Ombudsman’. He shall investigate and conduct enquires in respect of charge on any action involving  corruption and mal-administration or irregularities in the discharge of administrative functions by a Panchayat Raj institution. Only a person who has held the post of a judge of High Court can be appointed as Ombudsman by the Governor on the advice of the Chief Minister. The Ombudsman by the disposal of the complaint may:

1. Award compensation to a citizen in case of loss;
2. Order the recovery of loss caused to the Local Self – Government Institution from the person responsible;
3. Order the supply of omission or rectification if defects due to inaction;
4. Order the recovery of loss from the accused and
5. Order other necessary remedial measures.

Section 271-S of the Kerala Panchayat Raj Act provides for the constitution of Tribunal for Local Self-Government Institutions. The Tribunal shall consist of one judicial officer having the rank of a District Judge appointed by the State Government. The Tribunal shall consider and dispose of the appeal or revision filed against the decision of the Panchayat Raj institutions under Section 276 of the Kerala Panchayat Act. The Tribunal is vested with power to hear the appeal on merit and decide the matter like any other appellate authority.

The decision of the Ombudsman or the Tribunal can be further challenged in the High Court in a writ petition under Article 226 of the Constitution of India. The High Court can interfere if the Ombudsman or Tribunal has acted in the exercise of its jurisdiction illegally. Any failure to exercise the jurisdiction lawfully vested in them can also be interfered with by the High Court. The High Court can test the decisions of the Ombudsman and Tribunal in the context of Article 14 of the Constitution of India.

There is however a constitutional bar for the High Court to interfere in an election process already commenced. Any order or acts done relating to election can be challenged by a duly constituted election petition. The same can be done only after the declaration of results in an election to a Panchayat Raj Institution.

------------

Dr. Deepak Miglani

Email id:- legalbuddy@gmail.com