Ajay Rastogi, J. - (1.) INSTANT petition has been filed assailing Notice Inviting Tender ("NIT") dt. 26/02/2010 (Ann.1) issued by Collector, Ajmer being Coordinator (Employment Guarantee Scheme) (EGS) for various Panchayat Samitis including of Pisagan.
(2.) PETITIONER , as alleged, is Sarpanch of Gram Panchayat Nyara, Panchayat Samiti Pisagan (Ajmer). Collector, Ajmer as Programme Coordinator, EGS issued NIT dt. 26/02/2010 in respect of Panchayat Samitis of district Ajmer including Panchayat Samiti, Pisagan while authorizing its Vikas Adhikari to issue NIT for supply of construction material to the gram panchayat for carrying out development works; and last date stipulated was 27/03/2010, when sealed tenders offered would be opened. However, before process of NIT could be finalized, petitioner claiming himself as Sarpanch of Gram Panchayat, Nyara, has approached this Court with the grievance that NIT having been issued by Vikas Adhikari Panchayat Samiti, Pisagan is in violation of Sections 7 & 8E(i) & (m) of Rajasthan Panchayati Raj Act, 1994 ("Act, 1994"). Counsel submits that all development works in a Panchayat area have to be carried out by the Ward Sabha being basic Unit of a Panchayat Under Section 7 of the Act, and Sub -clause (c) of Section 8E clearly provides that the panchayat has to get certificate of Ward Sabha concerned that it has correctly utilized funds provided for plans, programmes & projects referred to in Clause (a) having been expanded in the area of Ward Sabha, formulating & approving development plans; as such complete accountability for development vests with Gram Sabha but that has been completely given go bye while issuing NIT by Vikash Adhikari Pisagan
(3.) COUNSEL further submits that the NIT is nothing but a direct intervention in the constitutional set up of local -self government and the NIT has to be issued by Gram Sabha under the Act, 1994 read with Rajasthan Panchayati Raj Rules, 1996.;