Patna, Dec. 12: Patna High Court has pulled up a state government’s administrative official for violation of statutory provisions of Bihar Panchayat Raj Act.

Coming down heavily on block development officer of Asthawa block Prabhat Kumar Barua, a bench of Justice Navin Sinha said: “This court has come across more than one order where the block development officer (BDO)-cum-chief executive officer in different panchayats has issued notices for convening special meeting to discuss a no-confidence motion without complying with the statutory provisions.”

Questioning the capability of the officer with regard to the understanding of the law, the bench said: “There is a presumption that the executive officer, who is recruited after a competitive examination conducted by Bihar Public Service Commission (BPSC), understands the law and being able to read the statutory provisions is aware of the nature of his powers, the matter of exercise and limitations upon the same. If he is not, he may have very serious questions to answer with regard to his own employment and status.”

The BDO, who happens to be an ex-officio chief executive officer of panchayat samiti at block level under the three-tier panchayati raj system, had issued a notice to Asthawa panchayat samiti up-pramukh Awadhesh Prasad, informing the latter that a no-confidence motion is being initiated against him.

Aggrieved by the notice, Prasad’s counsel Amresh Kumar submitted before the court that the notice did not mention the reasons/charges on the basis of which the no-confidence motion was to be tabled against the up-pramukh.

The BDO’s notice was in sharp contrast to the Section 44(3) (v) of Bihar Panchayat Act, which clearly states that the reasons or charges should be elaborated. The BDO violated the statutory provision by not enumerating the reasons as prescribed by the law, Kumar said.

The court did not concur with the state government counsel’s plea for giving seven days notice to hold the meeting and said that the government failed to establish that the notice contained the details of the reasons/charges on which no-confidence motion was proposed to be tabled.

“A no-confidence motion is tabled by members of the panchayat in an effort to make grassroots democracy work. The executive officer throttles the same by issuing a notice in exercise of his statutory powers in teeth of the provisions notwithstanding the fact that he has the benefit of a government pleader also in the district and the level of understanding where a presumption arises of his full awareness of his statutory powers,” the court said.

Expressing concern on the working of the grassroots democracy, the bench said: “The panchayat wants the democracy to work, the executive officer by one stroke of pen throttles it. Perhaps it is time for the state government to wake up and realise its duties to enable grassroots democracy to work keeping in mind the constitutional mandate.”

While disposing of the petition, the court directed the up-pramukh to make an application to the principal secretary, department of panchayat raj, for redressal of his grievances.