The battle for scrapping the recently passed and controversial Goa Panchayati Raj (Amendment) Bill has gone to the Law commission. Some sarpanchas under the aegis of the All Goa Panchayat Democratic Forum submitted a memorandum to the Law commission asking it to recommend dropping the Bill.

The Forum wants the bill scrapped “as the same would have the effect of passing a legislation which is otherwise de hors the constitutional provisions.”

The forum also wants the commission to review the provisions of the Goa Panchayati Raj Act and recommend giving more powers to the panchayats.

The amendment had been passed during the Assembly’s monsoon session amidst a walkout by the opposition and ruffled many feathers with claims that the amendment was against the spirit 73rd and 74th Amendments of the Constitution. Several groups had also petitioned the Governor not to give assent to the bill.

Opponents of the bill said that the existing section 47A (i), (ii) and (iii) in the Act had adequate provisions under which aggrieved citizens can obtain justice with the panchayat ministry and argued that panchayats often drag their feet in executing orders passed by higher authorities leading to multiplicity of litigation and forcing citizens to approach the ministry for justice.

Today’s memorandum requests the law commission to recommend deletion or modification of section 113A of the Goa Panchayti Raj Act so as to make the secretary responsible to the panchayat body and not to the government authorities alone, and to make him accountable if he abuses his authority.

The forum has also asked for more powers to the sarpanch by amending 47A and 67 “since in many urgent situations due to he inactivity of the secretary and in the absence of a panchayat meeting it becomes difficult to take action against illegalities and carry on development work."

Stating that under the Constitution there is no mention of a block development officer, director of panchayat or, deputy director, it alleges that in the Goa Panchayati Raj Act these have been given wide powers and also appellate powers and accuses them of not acting in a judicious manner but sometimes acting in a biased manner.

The memorandum wants these powers of these officers to be reviewed, curtailed and appeal powers to be given to the civil court of district court.

Bringing to the notice of the commission that under article 243 the panchayts are local authorities and are independent local self-governments who are elected directly by the people and therefore the interference from the state government should be minimal.

The forum alleges that the constitutional mandate is not respected in Goa.

The Goa Law Commission chairman, Mr Ramakant Khalap had said the commission would suo moto study the amendment to the Goa Panchayati Raj Act. 

He had said that the commission would ‘study the matter, which has been the subject of public debate of late and then submit our recommendations to the State government,” according to media reports.

Mr Khalap had said that they had not been consulted by the government but had been given representation by various NGOs.