U P GRAM PANCHAYAT ADHIKARI SANGH Vs. DAYA RAM SAROJ
LAWS(SC)-2006-12-80
SUPREME COURT OF INDIA
Decided on December 11,2006

UTTAR PRADESHGRAM PANCHAYAT ADHIKARI SANGH Appellant
VERSUS
DAYA RAM SAROJ Respondents





Cited Judgements :-

RAGHUNATH PRASAD JAISWAL VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(ALL)-2008-4-165] [REFERRED TO]
RAM ADHAR SINGH YADAV VS. STATE OF U.P [LAWS(ALL)-2020-2-407] [REFERRED TO]
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION VS. AJAY SEHGAL [LAWS(DLH)-2011-9-44] [REFERRED TO]
E GIRI YADAV VS. UNION OF INDIA [LAWS(APH)-2008-12-94] [REFERRED TO]
KH TOMCHOU SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2009-1-29] [REFERRED TO]
GOPIKA PROJECTS PRIVATE LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-11-3] [REFERRED TO]
MUNICIPAL COUNCIL HIGANGHAT VS. VITHAL MAROTRAO KAMDI [LAWS(BOM)-2007-5-30] [REFERRED TO]
STATE OF U.P. VS. ZILA PARISHAD GHAZIABAD [LAWS(SC)-2013-2-6] [REFERRED TO]
P. RAMAKRISHNAN, (FORMERLY WORKING AS SENIOR SUPERINTENDENT OF POST OFFICES), PALAKKAD DIVISION, PALAKKAD VS. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PERSONNEL & TRAINING, NORTH BLOCK, NEW DELHI [LAWS(KER)-2017-1-117] [REFERRED TO]
P.RAMAKRISHNAN VS. UNION OF INDIA [LAWS(KER)-2017-1-204] [REFERRED TO]
MURARI LAL AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2014-11-257] [REFERRED TO]
MUNICIPAL COUNCIL HINGANGHAT VS. SANJAY DHANRAJ YENORKAR [LAWS(BOM)-2007-5-22] [REFERRED TO]
B SELVAM VS. SECRETARY TO GOVERNMENT STATE OF TAMIL NADU WATER SUPPLY DEPARTMENT [LAWS(MAD)-2009-10-243] [REFERRED TO]
SANDHYARANI SAHOO VS. DISTRICT JUDGE [LAWS(ORI)-2009-1-46] [REFERRED TO]
NAGAR MAHAPALIKA, ALLAHABAD VS. STATE OF U.P. [LAWS(ALL)-2014-4-12] [REFERRED TO]
DIRECTOR GENERAL CSIR VS. RUMA CHAKRABORTY [LAWS(CAL)-2010-2-37] [REFERRED TO]
BALASAHEB S/O.RAGHUNATH HARAL VS. THE STATE OF MAHARASHTRA & ORS. [LAWS(BOM)-2016-9-185] [REFERRED TO]
DIGAMBAR WARTY VS. DISTRICT REGISTRAR BANGALORE [LAWS(KAR)-2012-12-138] [REFERRED TO]
SMT. MAYA DOLO VS. VIJOY TACHANG [LAWS(GAU)-2011-4-86] [REFERRED TO]
COMMISIONER TIRUCHIRAPPALLI CITY CORPORATION VS. B SELVAM [LAWS(MAD)-2010-1-319] [DISTINGUISHED]
VIMAL THAKUR VS. STATE OF UTTARAKHAND [LAWS(UTN)-2014-8-55] [REFERRED TO]
ABDUS SABUR VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-5-72] [REFERRED TO]
NAGARAM PRIMARY AGRICULTURAL COOPERATIVE SOCIETY VS. ASSISTANT COMMISSIONER OF LABOUR-I, GUNTUR [LAWS(APH)-2022-10-221] [REFERRED TO]
VIDYADEVI VS. STATE OF U P [LAWS(ALL)-2009-2-19] [REFERRED TO]
MADHUSUDAN BEHERA VS. DISTRICT JUDGE [LAWS(ORI)-2009-3-113] [REFERRED TO]
NAGENDRA KUMAR SINGHA VS. STATE OF ODISHA [LAWS(ORI)-2024-2-47] [REFERRED TO]
ARUN KUMAR SHARMA AND 66 ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2010-11-199] [REFERRED TO]
ISRAR MOHAMMAD VS. STATE OF U P [LAWS(ALL)-2008-11-45] [REFERRED TO]
I2IT PVT. LTD. VS. COMMISSIONER OF CENTRAL EXCISE, MUMBAI [LAWS(CE)-2013-3-28] [REFERRED TO]
NATIONAL INSTITUTE OF BANK MANAGEMENT VS. COMMR. OF C. EX., PUNE-III [LAWS(CE)-2013-7-105] [REFERRED TO]
DAYANAND KATARIA AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-10-176] [REFERRED TO]
DAYANAND KATARIA AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-10-319] [REFERRED TO]
SURYAKANTI SAHU VS. STATE OF ODISHA [LAWS(ORI)-2022-8-79] [REFERRED TO]
PRADEEP KUMAR DWIVEDI VS. STATE OF M.P [LAWS(MPH)-2014-4-147] [REFERRED TO]
SANDEEP ALIAS SAHVAG; MALKHAN SINGH; MADURAM @ KARAMVEERA VS. STATE OF RAJASTHAN AND ORS [LAWS(RAJ)-2014-11-242] [REFERRED]
GARDEN REACH SHIPBUILDERS AND ENGINEERS LTD VS. SECOND INDUSTRIAL TRIBUNAL [LAWS(CAL)-2007-9-56] [REFERRED TO]
SAGIR KHAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-9-4] [REFERRED]
SAURABH GUPTA VS. UNIQUE IDENTIFICATION AUTH OF INDIA THRU C E O [LAWS(ALL)-2020-10-15] [REFERRED TO]
CHAMKOR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-11-109] [REFERRED TO]
CHANDRAMA PRAKASH UPADHYAY VS. HARI SINGH GOUR VISHWAVIDYALAYA [LAWS(MPH)-2014-7-335] [REFERRED TO]
ASHWINI KUMAR AND ORS. VS. STATE OF UTTARAKHAND AND ORS. [LAWS(UTN)-2014-9-76] [REFERRED TO]
P N SASIDHARAN VS. STATE OF KERALA REPRESENTED BY ITS SECRETARY [LAWS(KER)-2017-1-156] [REFERRED TO]
MANSUKH ALIAS RAVJI GORASIYA VS. STATE OF GUJARAT [LAWS(GJH)-2021-4-12] [REFERRED TO]
ISHWAR FOOD PRODUCTS PRIVATE LIMITED VS. STATE OF ASSAM [LAWS(GAU)-2020-6-57] [REFERRED TO]
SHAMSUDEEN A. VS. STATE OF KERALA [LAWS(KER)-2019-2-71] [REFERRED TO]
DILEEP SINGH CHHABRA VS. STATE OF U.P. THROUGH CHIEF SECY [LAWS(ALL)-2012-2-328] [REFERRED TO]
LAXMAN S/O SHANKAR BANDGAR VS. VENKAT [LAWS(BOM)-2014-4-91] [REFERRED TO]
BHATTIPROLU GRAM PANCHAYAT & OTHERS VS. THE DISTRICT COLLECTOR (PANCHAYAT WING) GUNTUR, GUNTUR DISTRICT & OTHERS [LAWS(APH)-2016-1-7] [REFERRED TO]
P BALASUBRAHMANYAM VS. UNION OF INDIA [LAWS(APH)-2019-7-17] [REFERRED TO]
BRIJ BIHARI NAGAR AND ORS VS. STATE OF RAJASTHAN & ORS [LAWS(RAJ)-2010-11-226] [REFERRED]


JUDGEMENT

- (1.)The Constitution (Seventy-third Amendment) Act, 1992 came into force on 24.4.1993. The said amendment was brought into force to give effect to one of the Directive Principles of State Policy - Art. 40 of the Constitution of India, which directs the State to organise village panchayats as units of self-government. Article 40 reads as under:
"Organisation of village panchayats. The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government."

(2.)PART IV of the Constitution deals with 'Directive Principles of State Policy'. Article 37 provides that the provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
(3.)By 73rd Constitutional Amendment Art. 243G was introduced in the Constitution of India. Article 243G reads as under:-
"243G. Powers, authority and responsibility of Panchayat. Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats 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 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."



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