GRAM PANCHAYAT : The Third pillar of Indian government System

Gram Panchayat : The Third pillar of Indian government System


TELANGANA

Gram Sabha Nod Must: HC


Mr Ratnam filed a writ appeal, contending that prior consent of gram sabha is a must and that the Excise department could not be permitted to invoke ‘deemed consent’ clause under the guise of excise rules.
The bench dealt at length with the letter and spirit of the 73rd constitutional amendment and the application of the Panchayat Raj (Extension to Scheduled Areas) Act, popularly known as PESA. The bench reminded that the State government framed PESA rules under AP Panchayat Raj Act, dealing with powers of gram sabha in villages in scheduled areas. In these rules, the gram sabha was given the final authority regarding sale of liquor in the village.
The rules framed under excise act stipulate that the excise officer sends intimation to the village about the proposal of retail IMFL outlet and if there was no intimation from gram panchayat within 30 days, it was deemed that there was consent from gram sabha.
‘Falling foul of PESA’
The bench observed that this deemed clause fell foul of the PESA rules. There could be no deemed consent. The decision of the gram sabha was final.
No IMFL outlet or bar can be set up without the explicit resolution of the gram sabha, by accepting such a proposal from the excise department, the bench said.

The orders of single-judge were modified to this extent. The PESA rules were framed prior to bifurcation of the State and this ruling was equally applicable to both Telangana and Andhra Pradesh.
Source: The Hindu
Link: http://www.thehindu.com/todays-paper/tp-national/tp-telangana/gram-sabha-consent-must-says-hc/article19849602.ece
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