The Patna High Court dismissed a Public Interest Litigation (PIL) filed seeking directions for conducting an inquiry in alleged misappropriation and misuse of government funds meant for development of the Panchayat of Raghopur. Allegations have been levelled regarding misuse of funds by the Block Development Officer, Raghopur Block.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad observed that the Up-Pramukh (petitioner) is elected to the Panchayat Samiti constituted under Section 34 of the Act. The powers, functions and duties of the Up-Pramukh, vis-a-vis the Panchayat Samiti is also defined in Section 43 of the Act.
“If the petitioner, being an elected representative in the Panchayat Samiti, is of the opinion that there is any financial irregularity being conducted at the Block level, she is not helpless to raise the issues through the democratic process as per the Act.’
The Bench does not find any public interest concerning any marginalized/weaker/inarticulate person or group being espoused by the petitioner by way of the instant proceedings, for which, this writ petition be kept pending.
It is opined by the Bench that elected representatives cannot be permitted to indulge in local village politics through the PIL jurisdiction of this Court under the extraordinary discretionary jurisdiction conferred by under Article 226 of the Constitution of India.