Gram Panchayat : The Third pillar of Indian government System
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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