MC 650/2010 BEFORE THE HON’BLE MR. JUSTICE H N SARMA Misc. Case No. 650/ 2010 in WP ( c ) No. 592 of 2010 Heard Sri B. Goswami, Learned Counsel appearing for the applicant/ Respo ndent Nos. 4 and 5 and Sri P.Roy, Learned Govt. Advocate. Also Heard Dr. B.Ahmed , Learned counsel appearing for the writ petitioners. By this application , the petitioner has prayed for modification/ vacation of th e interim order dated 29.01.2010 passed in the writ petition. While passing of t he interim order, it has been observed that having regard to the allegation made in the writ petition, the decision taken by the Zilla Parishad on 27.07.2009 , funds for schemes identified by the District Level Committee without consultati on of the Gaon Panchayat shall not be released. With a view to substantiate the claim of the petitioner that the Gaon Panchayat President should be consulted, Dr. Ahmed has referred to the provision of Sectio n 3, 19 and 126 of the Assam Panchayat Act and on the basis of the provision con tained therein , the Learned Counsel submits that such a consultation with the G aon Panchayat President is essential before approval of the schemes by the Distr ict Level Committee. Mr. Goswami on the other hand submits that there is no requ irement of law for any consultation of the Gaon Panchayat President or Members w hether as per Section 126 or under any provision of the Assam Panchayat Act and every year the development plan are to be prepared by the Gaon Panchayat to subm it to the Anchalik Panchayat concerned constituted u/s 3 (1) of the Act and the Anchalik Panchayat in turn shall prepare the development plan for its area inclu ding the development plan of the Gaon Panchayat and submit the same to the Zilla Parishad. The Zilla Parishad is required to prepare such development plan of t he District including development plan of the Anchalik Parishad and submit it to the District Planning Committee. Sub-Section 6 of section 3 provides that Distr ict Planning Committee shall consolidate the plan prepared by the Zilla Parishad , Anchalik Gaon Panchayat Town committee,Municipalty and Municipality Corporatio n of the District and prepare a draft development plan for the District as a who le. Thus the concerned Gaon Panchayat is to prepare list of schemes and submit i t to the Anchalik Panchayat. The aforesaid provision of law nowhere provides tha t there should be any consultation with the Gaon Panchayat President before fina lisation of the claim by the District Level Committee. In the Counter filed by the Respondent Nos. 4 and 5, it has been specifically st ated that after receipt of the necessary allocation of development plan for the year 2009-10 all Anchalik Panchayats under Cachar Zilla Parishad were requested to submit the list of schemes as per allocated fund in view of 3 tier Panchayat Institution. Accordingly, a list of scheme has been received by the Zilla Parish ad from 15 numbers of Anchalik Panchayat, 116 Nos. of Gaon panchayat and out of the present 21 petitioners , the petitioner Nos. 2 and 3 and the petitioner No. 21 submitted their proposal and such proposal submitted from the Gaon Panchayat Level have also been included in the plan. It is also stated that the proposal received from 116 numbers of Gaon Panchayat also included the Gaon Panchayat of 19 petitioner. Apart from the Gaon Panchayats, the District Level Committee als o approved the scheme submitted by the Urban local bodies to which the present p etitioners are not at all concerned. Necessary facts have also been pleaded in t he vacating petition. In view of the revelation of the core facts pertaining to the issue and discussi ons made, the interim order dated 29.01.2010 is modified to the extent that the restriction contained in the interim order shall not be operative against the ur ban body such as Municipal body namely, Silchar Municipality and Lakhipur Munici pality. Similarly , the interim order shall not be construed as a restriction in respect of the scheme approved by the District Level Committee for the year 200 9-2010. So far the period of 2008 - 2009 is concerned, the scheme as regards the present petitioner Gaon Panchayat would be covered by the interim order and wou ld not extend to other gaon panchayats. . With this modification of the interim order dated 29.01.2010, this misc. case stands disposed of.