The Uttarakhand High Court on Friday restrained the State Government, from spending an budget on District Planning, around amount of Rs. 110 crores (as per ANI), but on received of complaint claiming to State Election Commission for not holding of elections regarding constitution of District Plan Committees.
"therefore While reasons, of such elections for not being held, because due to challenges of validity ordinance, and it necessarily awaits for such counter-affidavits regarding respondents, the limited question which we need to required for consider, in the present Interim Relief Application, is validity of order passed by State Government dated 16.06.2020 in acc. with terms of which, the Financial Year 2020-21, amounts were sanctioned, with approval of Governor, each of 13 districts, and power was conferred to District Magistrates for utilize towards such sanctioned amounts", said the bench.
The Court has appreciated the Section 8-A because inserted of the 2007 Act by the Uttarakhand District Planning Committee (Amendment) Ordinance, 2020, which was notified dated on 12.06.2020.
Whereas, Section 8-A, as inserted by 2020 Ordinance, reads thus:
"It enables State Government to approved such proposed district plan but only, after its approval, for said plan then it need’s to applied at appropriate concerned authority district of Magistrate concerned. Unlike Sections 3(2) and 12 of the 2007 Act, in terms draft of district plan required to be prepared and finalized by District Planning Committee, under Section 8-A confers power of State Government for approval of proposed district plan, and it also empower’s the District Magistrates to apply these plans acc . to their respective district’s authority", said by bench.
Accordingly, to Court ordered As,per in terms of Section 8-A , 2007 Act inserted by 2020 Ordinance, for pre-condition of exercise power thereunder ,by State Government is also under formation of opinion by State Election Commission, and for the order dated 16.06.2020 issued on even without seeking any opinion of State Election Commission, therefore there shall be an interim order passed that restraining State Government from spending the budget passed and , allotted as per terms of district plan, pending further orders.