Patna High Court Upholds Bihar Govt's Solar Light Scheme Implementation For Rural Electrification, Says State Checked Corruption

In a recent legal ruling, Patna High Court while upholding the Bihar government's Solar Light Scheme aimed at rural electrification and ensuring well-lit village streets at night, emphasized the scheme's core objective of enhancing security and convenience for rural communities while promoting development across various sectors.Justice Harish Kumar observed, “The object of the Solar Light Scheme to ensure rural electrification in the Panchayat is clear and loud that the village streets remain well lighted during the night in the villages imbibing the sense of security and lessening the inconvenience and discomfort to the populace and to ensure development in all the fields.”“It is to be worth noted that due to lack of availability of resources such as financial and human resources, the Ward Implementation and Management Committee has been constituted to extend the assistance to the Gram Panchayat in carrying out the development schemes, which shall function under the supervision of Mukhiya of the Gram Panchayat and the Mukhiya is the ex officio Chairman of the Public Works Committee under Section 25(1)(vi) of the Act, 2006. The requirement of expert agency, which is technically equipped, empowered and competent is inevitable to achieve better result on the point of quality or price/cost of equipment and render proper facilities and technical support in the implementation of the scheme,” Justice Kumar added.Justice Kumar further said, “This Court finds substance that the corruption as has been highlighted in the earlier stage of installation of solar lights by the Panchayats has compelled the State to take initiatives to put a check and balance to make the scheme successful for rural populace is one of the backdrop of issuance of letters issued by the Panchayati Raj Department is in no way eschewing rights of the Panchayat rather, responsibility has been directed to be shouldered collectively by all.”The court's decision came in response to a petition filed by Siwan Zila Mukhiya Sangh, challenging the Principal Secretary of the Panchayati Raj Department's directive regarding the installation of Solar Street Lights in Gram Panchayats of the State.The petitioner, sought the following reliefs:Annulment of a letter issued by the Principal Secretary of the Panchayati Raj Department, directing the installation of Solar Street Lights in Gram Panchayats of the State. The letter empowered the Bihar Renewable Energy Development Agency (BREDA) to choose the agency for this purpose. Additionally, the letter specified that 75% of the total installation cost would be covered by funds from the Panchayats, recommended by the 15th Finance Commission, and the remaining 25% from funds recommended by the State Finance Commission.Declaration that Panchayats, defined as Institutions of Self-Government under Article 243B and Article 243G of the Constitution, are entitled to powers and authority necessary for functioning as self-governing bodies. This includes the preparation of plans for economic development and social justice, as well as the implementation of schemes related to matters listed in the Eleventh Schedule. The petitioner contended that the impugned notification issued by the Principal Secretary directly interfered with the autonomy of the Panchayati Raj Institution concerning the Eleventh Schedule matters. Consequently, the notification was argued to be unlawful and should be set aside.Issuance of a writ in the nature of Mandamus, commanding the Respondent Authorities to refrain from issuing further instructions that undermine the authority of the Panchayati Raj Institution, particularly concerning the implementation of schemes related to matters listed in the Eleventh Schedule. Such instructions were asserted to be contrary to the objectives of the Seventy-Fourth Constitutional Amendment Act, 1992, in conjunction with Article 243(d) and 243G of the Constitution of India.The case was previously heard by the Coordinate bench of the High Court, which instructed the Principal Secretary of the Panchayati Raj Department to submit a supplementary affidavit, taking into account the arguments presented by the petitioner's counsel.A question was raised for the respondents to address: whether the State Government has taken any steps to ensure the independence of the Panchayati Raj institution by granting financial autonomy, or if additional checks and balances are still necessary.Furthermore, the respondents were directed to clarify whether any institution can truly thrive without financial independence. The court highlighted concerns that the financial control seems to lie solely with the State authorities, leaving the elected Panchayat representatives in a passive role.Advocate General P.K. Shahi emphasized that the government's intention was not to withhold funds rightfully belonging to Gram Panchayats; however, based on past...

Patna High Court Upholds Bihar Govt's Solar Light Scheme Implementation For Rural Electrification, Says State Checked Corruption

Bhavya Singh

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