Patna HC allows Bihar govt to implement ‘Nischaya’ schemes through panchayats

The court has held the government had the authority to direct panchayats to get its rural drinking water and drains schemes implemented through their ward implementation and management committees.

The Patna high court has allowed the Bihar government to implement two of its schemes, the mukhyamantri grameen peyjal nichaye yojana and mukhyamantri grameen gali nali pakkikaran nischaya yojana, through the gram panchayats.

The Patna high court. (HT file photo)

In an order, the court has held that the government had full authority to direct panchayats to get these schemes implemented through their ward implementation and management committees.

The court has, further, said the ordinance/rules provide for better and proper functioning of gram panchayat as a unit of self government. The state government had brought an ordinance for the new provision and later replaced it with the Bihar panchayat act ( amendment act), 2017, for formation of the ward implementation and management committee ( WIMC) in each panchayat.

The mukhiya mahasangh, a body of mukhiyas, had challenged the new guidelines issued by the state government for implementation of the two schemes and also challenged the amendment act passed by state legislature,Bihar ward sabha rules and the ward implementation and management committee conduct of business rules, 2017.

Both these cases were clubbed together by a division bench of the Patna High court and heard together. The state government took the stand that the said ordinance / rules provided for better and proper functioning of gram panchayat as a unit of the local self government.

The court , in its detailed order, dismissed the petition of mukhiya sangh and found the amendment act in conformity with the constitution. Further, the ward sabha rules and scheme guidelines for the two nischaya schemes were also found to be perfectly legal and valid.

A government release said now the schemes would move at a faster pace and panchayats would ensure timely execution of the mukhyamantri grameen peyajal nischaya yojana and mukhamantri grameen gali nali pakkikaran yojana by the provided mechanism of WIMC.