A public interest litigation (PIL) has been filed before the Delhi High Court seeking directions for the enforcement and operationalisation of the Panchayati Raj system in rural villages of Delhi [Satish Kumar Aggarwal Vs Union of India and Ors.].
The petition was filed by Satish Kumar Aggarwal, former vice president of Akhil Bharat Hindu Mahasabha.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed on Tuesday the petitioner and the State to submit a note on the legislative history of Delhi.
The Court further asked the parties to explain in the note whether the provisions of Delhi Panchayat Raj Act are still applicable to the territories of Delhi or the said Act stands repealed by later developments.
The Court also asked Delhi government's Standing Counsel Sameer Vashisht to inform the Court about whether the Delhi Panchayat Raj Act still survives and is applicable to certain rural territories of Delhi.
The PIL said that the Panchayati Raj Act has been applicable to Delhi since the year 1954 and there is no bar on implementation of the three-tier Panchayati Raj system in Delhi now.
“Although the Delhi Panchayati Raj Act has been applicable since 1954, Panchayats have not been constituted in the National Capital Territory of Delhi even after the enactment of the 73rd Constitutional Amendment in 1993, which conferred constitutional status upon Panchayati Raj institutions and mandated a three-tier Panchayati Raj system across all Indian states except Delhi. This omission has resulted in the denial of constitutionally guaranteed local self-governance to rural areas in Delhi,” it was submitted.
The petitioner contended that the absence of a Panchayati Raj system deprives the rural areas of Delhi of developmental entitlements.
Hence, the petitioner sought judicial intervention to implement and enforce the Delhi Panchayati Raj Act, 1954 and also part IX of the Constitution of India which provides for the establishment of Panchayats in rural areas.
The matter will be heard next on December 10.