Panchayat:Repo18/Law Manual Page0213: Difference between revisions
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S.162 - Lady member elected Vice President of Grama Panchayat - President & Vice President Ex-Officio members of standing committee - Lady Vice President cannot contest for the seat reserved for women in the standing committee - By the election of the third respondent the strength of membership of the standing committee is not maintained. Thus, a reasonable interpretation of the Rules prevents the Ex-Officio members from contesting again. I also rely on the legal maxim 'electa una via non datur recursus adalteram' - he who has chosen one way cannot have recourse to another. In this case, the third respondent had already become a member of the standing committee by virtue of her position as Vice-President. Therefore, she cannot become a member of the standing committee by another process. - Alicekutty v.Kadambazhippuram Grama Panchayat - 1996 (2) KLT 203 : 1996 (2) KLJ 121. | S.162 - Lady member elected Vice President of Grama Panchayat - President & Vice President Ex-Officio members of standing committee - Lady Vice President cannot contest for the seat reserved for women in the standing committee - By the election of the third respondent the strength of membership of the standing committee is not maintained. Thus, a reasonable interpretation of the Rules prevents the Ex-Officio members from contesting again. I also rely on the legal maxim 'electa una via non datur recursus adalteram' - he who has chosen one way cannot have recourse to another. In this case, the third respondent had already become a member of the standing committee by virtue of her position as Vice-President. Therefore, she cannot become a member of the standing committee by another process. - Alicekutty v.Kadambazhippuram Grama Panchayat - 1996 (2) KLT 203 : 1996 (2) KLJ 121. | ||
162A. Subjects to be dealt with by the Standing Committees.- (1) The following subjects shall be dealt with by the Standing Committees of the Panchayat, namely: | |||
''''162A. Subjects to be dealt with by the Standing Committees.''''- (1) The following subjects shall be dealt with by the Standing Committees of the Panchayat, namely: | |||
(a) in a Village Panchayat, | (a) in a Village Panchayat, | ||
• (i) The Standing Committee for finance shall deal with the subjects of finance, tax, accounts, audit budget; general administration, appeal relating to tax and subjects not allotted to other standing committees; | • (i) The Standing Committee for finance shall deal with the subjects of finance, tax, accounts, audit budget; general administration, appeal relating to tax and subjects not allotted to other standing committees; | ||
(ii) The standing committee for development shall deal with the subjects of development planning, socio-economic planning, spatial planning, agriculture, soil conservation, social forestry, animal husbandry, dairy development, minor irrigation, fisheries, small-scale industry, public works, housing, regulation of building construction, electricity etc.; | (ii) The standing committee for development shall deal with the subjects of development planning, socio-economic planning, spatial planning, agriculture, soil conservation, social forestry, animal husbandry, dairy development, minor irrigation, fisheries, small-scale industry, public works, housing, regulation of building construction, electricity etc.; | ||
65[(iii) The Standing Committee for Welfare shall deal with the subjects of development of Scheduled Caste-Scheduled Tribe, development of women and children, social welfare, social-security activity, slum improvement, poverty eradication and public distribution system; | 65[(iii) The Standing Committee for Welfare shall deal with the subjects of development of Scheduled Caste-Scheduled Tribe, development of women and children, social welfare, social-security activity, slum improvement, poverty eradication and public distribution system; | ||
(iv) The Standing Committee for Health and Education shall deal with the subjects of public health, sanitation, water supply (drinking water), sewerage, environment, education, arts and culture and entertainment.] | (iv) The Standing Committee for Health and Education shall deal with the subjects of public health, sanitation, water supply (drinking water), sewerage, environment, education, arts and culture and entertainment.] | ||
(b) In the Block Panchayat, — | (b) In the Block Panchayat, — | ||
(i) The Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allotted to other Standing Committee; | (i) The Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allotted to other Standing Committee; | ||
(ii) Standing Committee for development shall deal with the subjects like development planning, socio and economic planning, agriculture, animal husbandry, minor irrigation, fisheries, small scale industry, public works, housing, electricity and maintenance of water shed; | (ii) Standing Committee for development shall deal with the subjects like development planning, socio and economic planning, agriculture, animal husbandry, minor irrigation, fisheries, small scale industry, public works, housing, electricity and maintenance of water shed; | ||
Latest revision as of 04:58, 24 January 2019
S.162 - Lady member elected Vice President of Grama Panchayat - President & Vice President Ex-Officio members of standing committee - Lady Vice President cannot contest for the seat reserved for women in the standing committee - By the election of the third respondent the strength of membership of the standing committee is not maintained. Thus, a reasonable interpretation of the Rules prevents the Ex-Officio members from contesting again. I also rely on the legal maxim 'electa una via non datur recursus adalteram' - he who has chosen one way cannot have recourse to another. In this case, the third respondent had already become a member of the standing committee by virtue of her position as Vice-President. Therefore, she cannot become a member of the standing committee by another process. - Alicekutty v.Kadambazhippuram Grama Panchayat - 1996 (2) KLT 203 : 1996 (2) KLJ 121.
'162A. Subjects to be dealt with by the Standing Committees.'- (1) The following subjects shall be dealt with by the Standing Committees of the Panchayat, namely:
(a) in a Village Panchayat,
• (i) The Standing Committee for finance shall deal with the subjects of finance, tax, accounts, audit budget; general administration, appeal relating to tax and subjects not allotted to other standing committees;
(ii) The standing committee for development shall deal with the subjects of development planning, socio-economic planning, spatial planning, agriculture, soil conservation, social forestry, animal husbandry, dairy development, minor irrigation, fisheries, small-scale industry, public works, housing, regulation of building construction, electricity etc.;
65[(iii) The Standing Committee for Welfare shall deal with the subjects of development of Scheduled Caste-Scheduled Tribe, development of women and children, social welfare, social-security activity, slum improvement, poverty eradication and public distribution system;
(iv) The Standing Committee for Health and Education shall deal with the subjects of public health, sanitation, water supply (drinking water), sewerage, environment, education, arts and culture and entertainment.]
(b) In the Block Panchayat, —
(i) The Standing Committee for finance shall deal with the subjects like finance, accounts, audit, budget, general administration and subjects not allotted to other Standing Committee;
(ii) Standing Committee for development shall deal with the subjects like development planning, socio and economic planning, agriculture, animal husbandry, minor irrigation, fisheries, small scale industry, public works, housing, electricity and maintenance of water shed;