Gram Sabhas should have powers to recall Sarpanch: RTI activist
HERALD REPORTER
MARGAO, OCT 13
Magasaysay award winner and RTI activist Arvind Kejriwal has mooted Amendments to the Law to arm the Panchayat Gram Sabhas in Goa with powers, even to recall the village Sarpanch and to decide the question on land acquisition for public projects, mining and industrial activities in the village.
He also suggested creation of the institution of Ombudsman to review the wrong decisions taken by the gram sabhas which does not conform to the law.
Delivering a talk on Right to Information and Self-governance organised by Rotary Club of Margao, Gomant Vidya Niketan and Konkani Bhasha Mandal here at the Ravindra bhavan, Kejriwal has put forth a host of suggestions to bring Amendment to the Panchayati law in the state.
‘Our suggestions are based on the premise that all decisions taken by the gram Sabha should be implemented by the sarpanch. If the sarpanch does not implement the decision, then the gram Sabha should have the power to recall the sarpanch”, he said, which was approved by the audience.
He said the Panchayat bodies should have the jurisdiction over all the 29 items contained in the 73rd Amendment to the Constitution, adding that the gram Sabha should have the powers to summon district officers if they don’t implement the resolutions.
When a member of the audience pointed out to Kejriwal that gram Sabha knowlegable enough to take major decisions, he shot back saying that half the members of the Parliament are illiterate, adding that the Gram Sabha can engage experts and consultants to assist the body to answer issues of technical nature.
He said the decisions of the Gram sabhas should fall within the four corners of the law and within the Constitution, adding that the creation of Ombudsman will help keep a check on resolutions not falling within the law.
“The Gram Sabha decision should be final. No higher authority, including the government and district authority should have the power to over turn the decision of the Gram Sabha”, eh said, adding if any of the government want to say anything to the Panchayat, they can only give advise and not impose their decisions.
He said the gram Sabha should have the power to call for any information from any officer relating to the village, adding if any officer fails to provide the information, the gram Sabha should have the power to impose a fine of Rs 25,000 on the erring officer.
“The gram sabha should have the power to allow or disallow any industrial activity. No mining should start in the village without the permission of the gram Sabha”, he added.
On land acquisition by the government on the premise of public purpose, he said that the people should write to the Congress president and Rahul Gandhi that powers be given to the gram Sabha whether to give the village land for the project or not. “The government will take the stand that this will hamper development if powers are given to the gram Sabha”, he said, but hastened to add that Nagaland state is witnessing progress though the state does not come within the purview of the Land Acquisition Act.
PANJIM?REPORTER?ADDS: If there has to self-governance in real sense at the grass root level, the government should vest in Gram Sabha (SB) powers to address immediate problems concerning health, water supply, roads, and schooling in villages, says Arvind Kejriwal, RTI activist and Magasaysay awardee.
Kejriwal has suggested some revolutionary changes in Goa Panchayati Raj Act, 1994 while he made presentation of proposed amendments to the Act at Seminar Hall in Secretariat, Porvorim.
The basic premise of his proposed amendments rests on – all decisions shall be taken by GS and Sarpanch will only implement them. If Sarpanch does not implement them, GS may recall him. Moreover, No higher authority shall be competent to interfere in any manner in the functioning or in the decisions of GS on the matters within the jurisdiction of GS.
The RTI Activist has submitted numerous amendments to the existing Act on invitation of the Law Commission of Goa.
While the State government is still struck with delegation of powers to panchayat and Zilla panchayats, the amendments suggested by Kejriwal are way forward and if effected — it will bring in revolutionary change in the functioning of the panchayats in Goa.
Kejriwal is all for giving absolute powers to GS in determining affairs directly affecting people because he says that it is the way to control corruption at grass root level.
POWERS TO GS: GS shall have all the powers and shall be competent to take all steps for the overall welfare and welfare of individual members of that village on all issues mentioned in Schedule XI of the Constitution and on any additional subjects transferred to Panchayats by the State or Central Government from time to time.
If any irregularity comes to the notice of GS or for any other reason, if the GS wishes to conduct an enquiry, it may do so by setting up a committee of its own or may direct an appropriate officer to conduct that enquiry within the time prescribed and report back. GS may accept or reject or partly accept the recommendations and findings of that report and shall be competent to take any appropriate action.
However when pointed out instances of GSs turning chaotic with two or more factions clashing on certain issues, he said, rules of the game has to be fixed before allowing GS to reign supreme.
“There has to be clear cut rules for functioning of GS smoothing,” he said allaying the fears indicating that mantra has to be not to thrust on people things they don’t want but to thrust them to decide what they want.
However, he said all decisions of GS have to be in accordance with all existing laws of the land. If any of the decisions are not in accordance with any law, the same could be challenged by anyone before the Ombudsman.
