- (1.) ON 13.05.2015, we had passed the following orders: - 1. On 17.12.2014, we passed an order as follows: - "By this writ petition filed in public interest the petitioners have drawn attention of the Court towards gross irregularities committed in Gramdan villages, which are constituted and regulated under the Rajasthan Gramdan Act, 1971 (for short 'the Act'). The Gramdan villages have been constituted with not less than fifty one percent donated lands, for management and self governance of the Gram Sabhas under Sections 13 -19 of the Act, donated under Bhudan Yagya, a movement launched by Acharya Vinoba Bhave. The Gramdan villages are constituted as separate units, each with an Executive Committee, to be elected by members of Gram Sabha and a President elected by Executive Committee, to work under guidance of Gramdan Board under Section 5 of the Act. It is submitted that in Gramdan village Anadara situated in District Sirohi, the President and members of the Executive Committee have committed gross violation of the Act inasmuch as the lands, which were donated and were included in constituting the village and which were initially allotted to eligible persons, belonging to SC/ST community/landless persons, were subsequently sold away, for which agreements were entered earlier and thereafter surrenders were made by allottees of the some lands, and which have been allotted to purchasers. Sub Divisional Officer, Revdar, District Sirohi looking after the village has confirmed these violations and has given details of the instances of land allotted to persons, who purchased them by agreement after the surrender, for which no reasonable explanation was given. We are also informed that Gramdan villages have been brought within the ambit of Panchayati Raj movement, under the provisions of Rajasthan Panchayati Raj Act and for them no regular elections are held whereas by passage of time such villages have grown in population, which not only include allottees but also other persons, who are neither concerned with donated lands nor were allotted lands in such villages. Let the Principal Secretary, Panchayati Raj Department, Government of Rajasthan be impleaded as one of party -respondents. The notice may be served on him in the office of Additional Advocate General in the High Court at Jodhpur, which will be treated as sufficient service upon him. The respondents will explain as to why Gramdan villages are not being included under the Panchayati Raj Act despite the 73rd Amendment, 1992 in the Constitution of India, inserting Part -IX, conferring constitutional status to the local self government of the District Panchayats, Taluka Panchayats and Village Panchayats in Articles 243 -A to 243 -O. The Rajasthan Panchayati Raj Act has been amended accordingly. They will also reply as to what action has been taken on the reports of SDO, Revdar, District Sirohi and other reports which may have been received from other Gramdan villages, of violation of provisions of allotment and sale of the lands in the village. We are also informed that elections to constitute the Executive Committee and Presidents have not been held in Gramdan villages despite expiry of the term of the Board and that only ad -hoc arrangements have been made and allowed to continue. As an interim measure, we direct that no allotment or sale of land made hereinafter in Gramdan villages shall be permitted except with the approval of the Collector of the District, on a report submitted by Sub Divisional Officer and after considering such applications in accordance with the object and purpose of constituting and regulating the Gramdan villages under the Rajasthan Gramdan Act, 1971."
(2.) IN response to the order passed by us, a reply has been filed by Dr. Virdhi Chand, Chief Executive Officer, Zila Parishad, Sirohi on behalf of the Principal Secretary, Panchayati Raj Department, in which the relevant paragraphs are paragraphs Nos. 3, 4, 5 and 6, in which it has been stated as follows: - "3. That the Hon'ble Court also directed the respondents to explain as to why Gram Dan villages are not being included under the Panchayati Raj Act despite the 73rd Amendment, 1992 in the Constitution of India inserting Part -IX, conferring constitutional status to the Local Self Government of the District Panchayats, Taluka Panchayats and Village Panchayats in Article 243 -A to 243 -O. It was also directed to reply upon the Reports of SDO, Revdar, District Sirohi regarding the action taken by the concerned authorities. 4. That after 73rd Amendment, 1992 came into force in the Constitution of India, the State Legislature amended the Panchayati Raj Act vide Act No. 13 of 1994 in the title 'the Rajasthan Panchayati Raj Act, 1994' (hereinafter referred to as 'the Act of 1994'). In the Act of 1994, it was provided under Sub -section (2) of Section 124, selection of Section 43 of Rajasthan Gram Dan Act, 1971 (hereinafter referred to as 'the Act of 1971'). Before deletion of Section 43, the Gram Sabha under the Act of 1971 was empowered to function as Panchayat. After deletion of Section 43 of the Act of 1971 now the Gram Sabha of the Act of 1971 has limited powers and functions, which are provided under Sections 20 to 33 of Chapter -V. The functions and powers provided under Sections 20 to 33 of Chapter -V of the Act of 1971 are different than of the powers given to the Gram Sabha of Act of 1994. Section 8 -E of the Act of 1994 provides functions of Gram Sabha. The functions provided under Section 8 -E are altogether different than of the functions of Gram Sabha provided under Sections 20 to 33 of the Act of 1971. 5. That the Gram Sabha constituted under the Act of 1994 is not having resembling powers granted to the Gram Sabha constituted under the act of 1971, so it is humbly submitted that the functioning of both the Gram Sabhas are different and they are independently governed by the Act of 1994 and 1971 and as such both the institutions have separate identity and working area. 6. That if any irregularities or violation of the provisions of Act of 1994 will be noticed in the functioning of Gram Sabha constituted under the Act of 1994 then the appropriate action shall always be taken by the Panchayati Raj Department." The reply does not show that the elections as provided under the Rajasthan Panchayati Raj Act, 1994 (for short, 'the Act of 1994') where held in Gram Sabha, Anadara constituting Gram Sabha as defined and in accordance with Article 243 of the Constitution of India as inserted by 73rd Amendment, 1992. The name of Sarpanch of Gram Sabha, Anadar has not been given.
(3.) THOUGH it is stated that with the amendment in Section 124(2) of the Act of 1994, on the deletion of Section 43 of the Rajasthan Gramdan Act, 1971 (for short 'the Act of 1971'), consequences enumerated in clauses (a) to (l) of sub -section (1) shall ensure as if the Gram Sabha of Gramdan village referred to in the aforesaid deleted section was an existing panchayati raj institution, the consequential amendments have not been made in the Act of 1971 for elections to constitute Gram Sabha, with Sarpanch and Panches, from amongst the constituency of villagers. Our quarry with regard to the making of a Gram Sabha as a constitutional institution with elected Sarpanch and Panches, has not been replied.;