In An Interim Measure, Bombay HC Directs State To Prefer Govt Officials Over Private Individuals As Administrators Of Gram Panchayats [Read Petition]

first_imgNews UpdatesIn An Interim Measure, Bombay HC Directs State To Prefer Govt Officials Over Private Individuals As Administrators Of Gram Panchayats [Read Petition] Nitish Kashyap22 July 2020 8:49 PMShare This – xAs elections in 14,000 gram panchayats across the State of Maharashtra have been deferred due to the Covid-19 pandemic, the Bombay High Court while hearing a batch of petitions filed on behalf of gram panchayats across the State, in an interim measure, directed the state government on Wednesday to prefer government officials over private individuals while appointing administrators for…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginAs elections in 14,000 gram panchayats across the State of Maharashtra have been deferred due to the Covid-19 pandemic, the Bombay High Court while hearing a batch of petitions filed on behalf of gram panchayats across the State, in an interim measure, directed the state government on Wednesday to prefer government officials over private individuals while appointing administrators for gram panchayats. Division bench of Justice Nitin Jamdar and Justice Abhay Ahuja heard the petitions challenging the June 25 Ordinance promulgated by the Uddhav Thackeray led state government amending Section 151(1)(a) of the Maharashtra Village Panchayats Act giving power to the State Government to appoint an Administrator for gram panchayats. After the ordinance, a subsequent Government Resolution was issued by the State Rural Development Department dated July 13, by which powers have been delegated to the Chief Executive Officer of the respective Zilla Parishad in whose territorial jurisdiction the said Gram Panchayat is situated, to appoint any person as an Administrator of the said Gram Panchayat. The said Government Resolution also directs the Chief Executive Officer of the said Zilla Parishads to take assistance of the District Guardian Minister for the appointment of Administrators to Gram Panchayats. Moreover, another GR issued by the Deputy Secretary, Rural Development Department dated July 14, reiterates that the Chief Executive Officer can appoint anybody even without any experience to the post of an Administrator. Apart from Pradeep Hulavale, elected member of gram panchayat from Karla village and Vilas Kunjir, two people who are sarpanch in their respective villages from Raigad district Vidyadhar Mokal and Shivaji Mali are also petitioners in the case. At the outset, Advocate General Ashutosh Kumbhakoni informed the Court that on the same issue six writ petitions have already been filed before the Aurangabad Bench and one on the original Side, and an application has been filed before the Chief Justice for clubbing these petitions together. The order on the said application is still awaited. Noting that since the order on clubbing all petitions together is awaited, Court decided to defer the hearing to July 27. However, Senior Advocate Milind Sathe prayed for grant of ad-interim relief that no Administrator, at least no private Administrator, be appointed till the next date of hearing as appointments of private administrators is not warranted in law and such mass appointments will have a lasting adverse impact on the local governance in the State. Whereas, AG Kumbhakoni opposed any such restraint and stated that administration would be hampered if an administrator is not appointed. Since there are a large number of Gram Panchayats in the State and the Government servants are overburdened, they will not be available to be appointed as administrators. On the other hand, petitioner’s counsel Advocate Girish Godbole submitted that the said GRs are politically motivated as they state that Chief Executive Officers of Zilla Parishads may consult guardian ministers of the district in appointing administrators. The bench noted- “Because of the Pandemic, elections are not being held. If an administrator is not appointed, the working of the Gram Panchayat will be affected. At the same time, we have to note the concern raised by the Petitioners regarding the appointments of private individuals as administrators. The criterion in the Ordinance of the suitable persons to be appointed as administrators, does not exclude the officers of the State Government or Local Authority. Learned Advocate General also does not assert that the Ordinance has excluded such officers.” However, the Government Resolution dated July 14, 2020 incorporates a condition that the administrator to be appointed should be a resident of the concerned village and whose name is included in the voters list. Court observed- “This condition will not be fulfilled by the officers of the State Government and local authority. If this condition in the Government Resolution is held to be mandatory, then it will exclude such officers from being a suitable person to be appointed. This will amount to the Government Resolution modifying the Ordinance, which cannot be done. Therefore, this condition, prima facie, will have to be considered as directory.” Furthermore, the bench noted – “It is asserted by the Petitioners that the State has always been appointing administrators from its own servants and from Local Authority. We see no reason as to why the Government servants or of the Local Authorities should not be the first choice for the State for appointment as an administrator. However if such officer is not available and the appointment of a private individual is to be made, a reasoned order setting out the circumstances should be passed.” The next date of hearing in the matter is July 27.Click Here To Download Petition[Read Petition]Next Storylast_img read more

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Man Arrested For Murder After Fatal Shooting On Frisse Ave

first_imgEvansville Police have arrested 51 year old RICHARD BRIAN WORLEY on multiple charges following a fatal shooting at 2008 Frisse Ave on Friday night. Officers were called to the home at 8:25pm and found the victim in the driveway. As officers tried to render medical aid, multiple shots were fired at them from the rear of the home. The officers were not injured and were able to find cover and call for assistance.After the gunfire stopped, Worley exited the home and was taken into custody without further incident. No officers fired their weapons during the incident.During the investigation, officers found several weapons in the backyard of the home. Investigators learned that Worley had been staying at the home while the victim and her family were out of town. The family returned home and the victim had just exited their vehicle when she was shot. The other members of the family were still in the vehicle and were not injured. They include the victim’s hu sband and 3 minor children.Information was gathered during the investigation that provided probable cause to arrest Worley and charge him with the following:MurderAttempted Murder – 6 counts (4 family members and 2 Police Officers)Possession of a firearm by a serious violent felonTheftCriminal ReckelssnessFacebookTwitterCopy LinkEmailSharelast_img read more

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KPK arrests Muara Enim council speaker in bribery case

first_imgThe Corruption Eradication Commission (KPK) arrested South Sumatra’s Muara Enim Legislative Council speaker, Aries HB, naming him a suspect in a bribery case pertaining to public works and housing agency projects in the 2019 fiscal year.Graft busters arrested Aries, an Indonesian Democratic Party of Struggle (PDI-P) politician, on Sunday at his in-law’s house in the provincial capital of Palembang.KPK investigators also arrested Muara Enim Public Works and Housing Agency acting head Ramlan Suryadiar in the city on the same day. He was also named a suspect in the case. “The two suspects were questioned at the South Sumatra Police headquarters. They were later taken to KPK headquarters [in Jakarta] on Monday,” KPK deputy chairman Alexander Marwata said during a press briefing on Monday.Read also: KPK starts September with series of arrestsThe antigraft body suspected Aries of accepting Rp 3.03 billion (US$195,473) in bribes between May and August last year from businessman Robi Okta Fahlevi as a commitment fee for 16 road construction projects in the regency worth Rp 130 billion.Meanwhile, Ramlan allegedly accepted Rp 1.1 billion in bribes and one smartphone from the businessman.The case came to light with the arrest of Robi, Muara Enim Regent Ahmad Yani as well as a public works agency official Elvyn Muhtar in September last year for their alleged involvement in the case. Ahmad allegedly accepted Rp 13.4 billion from Robi. His trial is still ongoing.Ahmad’s lawyer, Maqdir Ismail, claimed during a hearing that Elvyn had tried to bribe KPK chairman Firli Bahuri with US$35,000 during the latter’s term as South Sumatra Police chief.Topics :last_img read more

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Van Dijk withdraws from Estonia match for ‘personal reasons’

first_img0Shares0000Netherlands captain Virgil van Dijk (L) has withdrawn from the side to play Estonia on Tuesday for “personal reasons” © AFP / Mark MARLOWBRUSSELS, Belgium, Nov 17 – Netherlands captain Virgil van Dijk will miss Tuesday’s Euro 2020 qualifier against Estonia for personal reasons, the Dutch federation announced on Sunday.“The manager Ronald Koeman will not be able to call up Virgil van Dijk on Tuesday against Estonia”, the federation said on its website. “The Dutch captain has had to withdraw from the match for personal reasons and left the training camp immediately.”The Dutch booked their passage to next year’s finals, their first major competition since the 2014 World Cup, with a goalless draw against Northern Ireland in Belfast on Saturday.At stake in Tuesday’s game will be top spot in Group C which is currently held by Germany who are two points ahead of the Dutch.The defender is clear to play for Liverpool against Crystal Palace in the English Premier League at the weekend.0Shares0000(Visited 21 times, 1 visits today)last_img read more

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DDTV: FEW PEOPLE ATTEND ‘OCCUPY DONEGAL’ RALLY

first_imgIT was billed as Occupy Donegal – a local response to the global protests agains the banks and governments.But just a handful of people bothered to turn up for the demonstration at Market Square in Letterkenny….as this official video of the event shows. When it comes to getting angry with the government, it seems we’re just not up to it!Make Money, ..log onto www.donegaldailyclassifieds.comDDTV: FEW PEOPLE ATTEND ‘OCCUPY DONEGAL’ RALLY was last modified: October 17th, 2011 by BrendaShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

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