1 W.P. (PIL) No. 2418 of 2018 Neutral Citation No. ( 2026:JHHC:6257-DB ) IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Writ Jurisdiction) W.P. (PIL) No. 2418 of 2018 Sunil Oraon s/o Late Lalu Oraon, r/o village Kumbatoli, PO & PS Ratu, Dist. Ranchi. ... Petitioner -Versus- 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Secretariat, PO, PS Dhurwa, Dist. Ranchi. 2. The Principal Secretary, Rural Development Department, Panchayati Raj Department, Government of Jharkhand, Secretariat, PO, PS Dhurwa, Dist. Ranchi. 3. Secretary to the Government of Jharkhand, Rural Development Department, Panchayati Raj Department, Government of Jharkhand, Secretariat, PO & PS Dhurwa, Dist. Ranchi. ...Respondents CORAM :- HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner : Mr. Atanu Banerjee, Advocate For the State : Mr. Sandeep Verma, AC to Sr.S.C.-III … 12/ 10.03.2026 Heard Mr. Atanu Banerjee, learned counsel for the petitioner and Mr. Sandeep Verma, learned AC to Sr.S.C.-III. 2. In this Public Interest Litigation, the petitioner has prayed for quashing of the decision as contained in Memo No. 01/Stha (vi)-25/2018/809 dated 13.03.2018 by which the respondents have taken a decision to constitute Gram Vikas Samiti/ Adivasi Vikas Samiti in each village de hors any statutory provision and by issuing these instructions, Gram Vikas Samiti is being constituted in an illegal manner which is against the rights available to the Panchayats under the Jharkhand Panchayat Raj Act, 2001 and the mandate of Article 243-G of the Constitution of India. 3. The petitioner claims himself to be a public-spirited person who is always involved in causes which affects the citizens in general. The petitioner had come across newspaper report on 10.05.2018 wherein it has been mentioned that Gram Vikas Samiti will start functioning from June, 2018 but on inquiry the petitioner came to learn that the same are illegal setups contrary 2 W.P. (PIL) No. 2418 of 2018 to the statutory provision of the Jharkhand Panchayat Raj Act, 2001 and being aggrieved since such constitution was a direct infringement upon the smooth and independent functioning of the Panchayats, the present Public Interest Litigation has been preferred. 4. It has been submitted by Mr. Atanu Banerjee, learned counsel for the petitioner that Gram Panchayat in terms of Section 12 of the Jharkhand Panchayat Raj Act, 2001 has been constituted and is fully functional in the State of Jharkhand. Mr. Banerjee has copiously referred to Section 10 of the Jharkhand Panchayat Raj Act, 2001 which demarcates the powers and functions of the Gram Sabha. For smooth functioning of the Gram Sabha eight committees have been constituted which are permanent committees in accordance with Rule-15 of the Jharkhand Gram Sabha (Gathan, Baithak Ka Prakriya Ewam Kamkaj Ka Sanchalan) Niyamawali, 2003. It has been submitted that despite Village Development Committee being one of the permanent committee working under the aegis of the Gram Sabha a fresh Gram Vikas Samiti/ Adivasi Vikas Samiti has been sought to be constituted which is de hors the provisions of the Jharkhand Panchayat Raj Act, 2001. Such committee, according to Mr. Banerjee, is being sought to be constituted by executive instructions with a right to occasion work up to Rs.5,00,000/- and it is the State administration which will be the controlling authority of the committee diluting the basic features of the Gram Sabha and its eight permanent committees. 5. Mr. Sandeep Verma, learned AC to Sr.S.C.-III has submitted that the present Public Interest Litigation is not maintainable as such executive instruction has not been challenged by the residents of the local areas which are affected. It has been submitted that Gram Vikas Samiti/ Adivasi Vikas Samiti are constituted at the village level to ensure active participation of the villagers in development activities while the sphere of Panchayat is very large. It has been submitted that constitution of such committees would ensure proper execution of small schemes worth up to Rs.5,00,000/- and the same does not usurp the overall functioning of the Panchayat. The Gram Vikas Samiti/ Adivasi Vikas Samiti is under the financial and administrative control of the Block Development Officer whereas Gram Panchayat functions as per the powers given under Section 75 of the Jharkhand Panchayat Raj Act, 2001. Mr. Verma has further submitted that as per Article 246 of the Constitution of India read with para-5 of the State List enumerated in the 7th Schedule the State has the power to make provisions with respect to various local bodies 3 W.P. (PIL) No. 2418 of 2018 for the purposes of local self-government in village administration. He has therefore submitted that the writ application does not have any legs to stand and hence is liable to be dismissed. 6. The Resolution as contained in Memo No. 01/Stha (vi)-25/2018/809 dated 13.03.2018 with which the petitioner is aggrieved has the object of ensuring the maximum participation in village development for the purposes of which Gram Vikas Samiti/ Adivasi Vikas Samiti has been sought to be constituted. The said Resolution apart from spelling out the objects of constitution of such committees also demarcates the eligibility criteria of the members of the committee and the process of selection. The financial and administrative control in the functioning of the committee shall vest with the Block Development Officer. The period of functioning of such committee is two years and it has the power to carry out developmental activities of the village and the maximum expenditure has been capped at Rs. 5,00,000/-. 7. The powers and features of the Gram Sabha have been envisaged in Section 10 of the Jharkhand Panchayat Raj Act, 2001 and the same reads as follows: “Section 10. Powers and functions of Gram Sabha and its annual meet- ing.—1. Under Rules to be made by the State Government in this regard and subject to such general or specific orders as may time-to-time be issued by the State Gov- ernment, the Gram Sabha shall perform the following functions, namely— (a)(i) Identification of economic developmental schemes for the village and formulation of criteria for fixing their priorities. (ii) Approval of schemes for social and economic development including all the annual schemes pertaining to the Gram Panchayat, before imple- mentation of programmes and projects; (iii) Discussions on annual budget of the Gram Panchayat and making rec- ommendations thereto; (iv) Deliberations on audit report and annual accounts of the Gram Pancha- yat; (v) Determination and confirmation of appropriate utilization of funds for the schemes, programmes and projects specified under Section 10(1)(a)(2) by the Gram Panchayat; (vi) Identification and selection of persons as beneficiaries under poverty alleviation and other programmes; (vii) Assuring distribution of funds or resources among beneficiaries and their proper use; (viii) Activating people towards community welfare programmes and re- ceiving contributions in cash or kind or in both and participation of vol- untary worker; (ix) Enhancing general conscience unity and amity among people in gen- eral; (x) Keeping control through Gram Panchayat over such organizations and such functionaries in social sectors, as have been transferred to the Gram Panchayat or appointed by the Gram Panchayat; (xi) Managing natural sources such as land, water, forest falling within the limits of the village area according to the constitution and other relevant laws then in force; 4 W.P. (PIL) No. 2418 of 2018 (xii) Giving advice of the Gram Panchatyat as to regularization and utiliza- tion of small reservoirs; (xiii) Keeping watch over local schemes and over sources and expenditure of the said schemes; (xiv) Sanitation and conservancy as well as prevention and solution of nui- sance; (xv) Construction, repairs and maintenance of public wells and ponds as well as making available drinking water for domestic use; (xvi) Making available and maintaining water sources for bathing, washing and for drinking purposes of domestic animals; (xvii) Construction and maintenance of rural roads, culverts, bridges, em- bankments and other works and buildings of public utility. (xviii) Construction, maintenance and conservancy of public roads, cesspits, drains and other public places; (xix) Filling up of wells not in use lnsanitary ponds, ditches and holes; (xx) Providing light on village paths and other public places; (xxi) Removal of hindrances and projections to public streets and places as well as the spaces which are not private properties or which are open for public use whither such places are vested in the Panchayat or belong to the State Government; (xxii) Regulating and controlling recreations, games-shows, shops, eating houses and vendors of beverage, sweets, fruits, milk and similar other articles; (xxiii) Regulating construction of houses, cess-pits urinals, drains and flush latrines; (xxiv) Management of public land and management, extension and devel- opment of village site; (xxv) Disposal of corpses, carcasses (including those unclaimed) and other obnoxious articles in such a way that the same may not be injurious to health; (xxvi) Providing places separately for dumping rubbish; (xxvii) Responsibility for sale and Test of meat; (xxviii) Taking care of the Gram Sabha-properties; (xxix) Establishment and management of pounds and maintenance of rec- ords regarding cattle; (xxx) Taking care of ancient and historical monuments excepting those which have been declared to be of national importance and maintaining grazing grounds and other lands lying within control of the Gram Sabha; (xxxi) Maintaining records of births, deaths and marriages; (xxxii) Assisting in census or other surveys done by centre, state or other organizations constituted lawfully; (xxxiii) Giving assistance in control of contagious disease, vaccination etc. work (xxxiv) Helping the disabled and destitutes (including women and children); (xxxv) Expansion of youth welfare, family welfare and sports; (xxxvi) Afforestation and conservation of village forestry; (xxxvii) Abolition of dowry like social evils; (xxxviii) Implementation of orders of the State Government or other com- petent officers to improve the condition of scheduled castes, scheduled tribes, backward classes and to prevent untouchability; (xxxix) Preparing schemes for basic amenities and making arrangements therefor; (xL) Helping disabled women/children; (xLi) Execution of work assigned by Panchayat Samiti, Zila Parishad; 5 W.P. (PIL) No. 2418 of 2018 (xLii) Execution and supervision of construction work as per specified schemes within the Gram Sabha area; (xLiii) Exercise and discharge of powers and functions assigned by the State Government under this Act or any other law in force in the State for the time being. (b) For discharging these functions and duties the Gram Sabha may consti- tute the following standing committees, namely:— (i) Village Development committee, (ii) Government estate committee, (iii) Agriculture committee, (iv) Health Committee, (v) Village Defense Committee, (vi) Infrastructure committee, (vii) Education committee and social justice committee, (viii) Vigilance committee. (c) Reservation of seats, term of office, resignation, procedure for removal, conduct of business, members, eligibility for member-ship, meeting, manner of filling vacancy, selection of Secretary and procedure of Standing Committees shall be as may be prescribed by the prescribed officer; (d) Village Development committee shall prepare a scheme for all-round development of the village and shall put up the same before the Gram Sabha for its approval; (e) Every Gram Sabha may set up a fund which, consisting of the following four parts, shall be known as Gram Kosh (Vilage Fund):— (i) Grain Kosh, (ii) Labour Kosh, (iii) Commodity Kosh, (iv) Cash Kosh, In which the following shall be deposited:—11 (a) Donations, (b) Incentive amounts, (c) Other income. (f) Gram Kosh shall be kept in such a manner and maintained in such a way and form as the prescribed. 2. Annual Meeting of Gram Sabha:— Gram Panchayat shall put up before the annual meeting of the Gram Sabha, which shall be held at least there months before the start of the next financial year, the following matters:— (i) Annual Return of account, administrative report of the preceding finan- cial year, last audit report and reply given relating thereto, if any; (ii) Programme relating to development and other works proposed for the next financial years; (iii) Annual budget of the Gram Panchayat and annual scheme for the next financial year; (iv) Report of the vigilance committee; (v) Explanation called for from Mukhia and members of the Gram Pancha- yat in respect of any particular activities, scheme, income and expendi- ture; 3. Gram Panchayat Shall also place before the Gram Sabha the matters which may be required by the Panchayat Samiti, Zila Parishad, Deputy Commis- sioner/District Magistrate or any other officer authorized in this behalf, to be placed before such a meeting; 6 W.P. (PIL) No. 2418 of 2018 4. Gram Panchayat shall under this section implement the recommendation made by the Gram Sabha in respect of the matters before it, if any, in the light of the rules of the State Government in force for the time being. 5. Extra powers and functional of Gram Sabha in scheduled area— (i) It shall protect and preserve the traditions and customs of persons their cultural identity and community means (Sarna, Masna, Gohar-Sthan etc.) and their customary manners of disposal of disputes, which are not inconsistent with constitutional view-point, and when needed may for the sake of extending co-operation in this regard, duly bring proposals before the Gram Panchayat, Panchayat Samiti and Zila Parishad as well as the State Government; (ii) It may manage the natural sources including land, water and forest within the village areas according to its tradition but in tandom with the provision of the constitution and duly keeping in view the spirit of other relevant laws in force for the time being; (iii) It may provide for local schemes including tribal sub-schemes and sources and costs for such schemes; (iv) It shall exercise such other powers and discharge such functions as the State Government may assign or delegate to it under any law in force for the time being; (v) Gram Sabha, through the Gram Panchayat, Shall manage Bazars of the villages, and fairs including cattle fair, irrespective of their name. 6. In addition to functions specified under Section 10(1)(a) and extra powers and functions of Gam Sabha in scheduled area mentioned under Section 10(5), the State Government may time to time ascertain other extra powers and functions for Gram Sabha in scheduled area. 7. Gram Sabha shall be free to consider any subject related with the functions of the Gram Panchayat and the Gram Panchayat shall implement its recommenda- tions in the light of then prevalent rules. 8. Functions of the Gram Sabha mentioned in Section 10(1)(a) and Section 10(5) shall not effect the Acts/Rules of the Government then Prevalent and it juris- diction. 9. The State Government may, by general or special order increase the functions and duties delegated to the Gram Sabha or may withdraw the same.” 8. For discharging the functions of the Gram Sabha, standing committees may be constituted which are specified as: (i) Village Development Committee; (ii) Public Assets Committee; (iii) Agriculture Committee; (iv) Health Committee; (v) Village Defence Committee; (vi) Infrastructure Committee; (vii) Education Committee and Social Justice Committee; and (viii) Vigilance Committee. 9. As per the learned counsel for the petitioner, several such committees have been constituted by various Gram Sabhas. 10. The issuance of the impugned Resolution dated 13.03.2018 does not curtail the power of the Gram Sabha which is an independent machinery to carry out its objective and functions. In fact, it seems that the constitution of 7 W.P. (PIL) No. 2418 of 2018 Gram Vikas Samiti/ Adivasi Vikas Samiti is for facilitating the village development work having a limited sphere of operation being restricted to a village and in no circumstance, it encroaches upon the functioning of the Gram Sabha or puts a spanner in the developmental work it entails. This would have a broader spectrum of participation of villagers so far as the individual villages are concerned and is designed to be more inclusive in nature. 11. Mr. Banerjee, learned counsel for the petitioner has failed to point out any instance either factually or legally which would render the impugned Resolution dated 13.03.2018 as non est in the eyes of law. 12. Thus on an overall consideration of the case at hand, we do not find any reasons to accede to the prayer of the writ petitioner and consequently, we dismiss this writ application. 13. Pending I.A., if any, stands closed. (RONGON MUKHOPADHYAY, J.) (DEEPAK ROSHAN, J.) Jharkhand High Court, Ranchi, Dated: 10.03.2026 S.B. Uploaded on 13.03.2026