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High court refuses stay on e-tendering for panchayats in Kurukshetra
The HC bench of justice Vikas Bahl sought response from the government by April 11, in a plea filed by 14 odd panchayats in which they had argued that the instructions are ultra vires (beyond the powers) and contrary to the basic structure of Panchayati Raj Institutions (PRIs).
The Punjab and Haryana high court (HC) on Wednesday refused to stay January 19 instructions to Kurukshetra panchayats on changes in tendering process, challenged by them.
The HC bench of justice Vikas Bahl sought response from the government by April 11, in a plea filed by 14 odd panchayats in which they had argued that the instructions are ultra vires (beyond the powers) and contrary to the basic structure of Panchayati Raj Institutions (PRIs).
They claimed they have been deprived of their constitutional rights to carry out development works of panchayat, being an independent elected body. They said that after the elections were held in 2022, power from PRIs was taken away, with the fresh instructions.
As per the instructions, for development works of more than ₹2 lakh, e-tendering is to be done and a sub-divisional officer or executive engineer has to issue e-tendering.
As per the plea, under the grab of these instructions, the government is trying to control the functioning of PRIs. The officers have a supervisory role, they do not have the mandate to take over the power of panchayats in carrying out developmental works, the plea stated.
The panchayats had sought quashing of the instructions and stay on the same during the pendency of the plea in HC. They had demanded that they be allowed to continue with development works, as was being done prior to January 19 instructions. “The HC did not grant any stay as it was of the view that e-tendering prescribed is the most fair method of carrying out development works and has only posted the matter for hearing on April 11, seeking government response,” state’s advocate general, BR Mahajan said.
