JUDGMENT
Thottathil B. Radhakrishnan, J.
1. The 3rd respondent Grama Panchayat, by Ext.P1, unanimously resolved to accept the quotation of the petitioner for supply of food articles for different anganwadies under its jurisdiction. The 2nd respondent Project Officer of Integrated Child Development Scheme (ICDS) issued Ext.P2 to the Supervisor of the 3rd respondent Grama Panchayat directing that the supply shall be taken from the 4th respondent. Faced with Ext.P2, the 3rd respondent Panchayat issued Ext.R3(a) letter to the Secretary to the Government of Kerala in the Social Welfare Department. In reply to that, the Government through Under Secretary for the Secretary in the Social Welfare Department, issued Ext.P4 to the 3rd respondent Grama Panchayat directing that the 4th respondent should be permitted to make the supply. It is this decision that is under challenge by the petitioner.
2. The 3rd respondent Panchayat has filed a counter-affidavit, standing by its unanimous decision reflected as per Ext.P1 resolution and stating that it is within its authority to do so and that the Project Officer of ICDS has no authority to interfere in the matter.
3. The 4th respondent, the beneficiary of the action taken by respondents 1 and 2, has filed a counter-affidavit supporting the impugned decision.
4. The 2nd respondent has placed a counter-affidavit contending, among other things, that there is a written agreement under which the 4th respondent was entitled to continue to supply the food articles till 31-3-2006. This averment contradicts the contents of paragraph 3 of the counter-affidavit of the 4th respondent. Nor does the 4th respondent assert any legal right to continue supply of food articles till the financial year ending 31-3-2006.
5. Section 166(2) of the Kerala Panchayat Raj Act (hereinafter referred to as “the Act”) provides as follows:
166(2). Subject to the other provisions of this Act and the guidelines and assistance financial, technical or otherwise, of the Government, the Village Panchayat shall have exclusive power to administer the matters enumerated in the Third Schedule and to prepare and implement schemes relating thereto for economic development and social justice.
“Running of Anganwadi” is the subject entered at Sl.No. 1 under the Head XIII-Social Welfare under Category C -Sector-wise Functions in Schedule HI.
6. So much so, going by Section 166(2), a Village Panchayat shall have exclusive power to administer matters relating to running of anganwadies and the only requirement is that it has to be subject to the other provisions of the Act and guidelines and financial, technical or other assistance of the Government. It is for the Village Panchayat to decide matters relating to running of anganwadies.
7. The issuance of Ext.P4 directing the Panchayat to permit the 4th respondent to supply food articles to Anganwadies is necessarily in the nature of taking a decision that cannot be characterised as issuing any guidelines. The quality of the Governmental participation, in view of Sub-section (2) of Section 166, cannot extend to issuing directions as has been done in the nature of Ext.P4. If any authority in excess of what is stated above is assumed to be available with the Government, in my considered view, it will even nullify the independence of. the Panchayat Raj institutions as envisaged by the amendments to the Constitution of India, followed by the making of the Kerala Panchayat Raj Act, 1994 by which the situation available before that has been changed. A survey of the provisions in Part IX of the Constitution of India would show the genesis of a Panchayat and the differenciation between the Panchayats conceived of in Part IX from the Panchayats that were provided for by the statutory provisions before the introduction of Part IX into the Constitution. The Panchayats so constituted are constitutional institutions and their birth and existence are dependent on the mechanism provided for, in the Constitution itself. (See the judgment in WP(C).No. 14429/2005 and connected cases). Viewed in this backdrop, the power of the Government to issue any guidelines under Section 166(2) of the Act can relate only to “issuing guidelines” and not to interfere or issue directions in individual cases. The case in hand is not one where the Government was exercising authority under Section 191 of the Act. So much so, the contents of Ext.P4 are without the sanction of law and hence without authority.
8. The Valanchery Service Co-operative Bank, the petitioner has Valanchery Grama Panchayat as its area of operation. So much so, there can be no illegality at all in the action taken by the Panchayat.
9. By coming to the aforesaid conclusions, I desist from adjudicating on certain other allegations and averments on counts of mala fides.
10. In the result, Ext.P4 is quashed. The 3rd respondent will be at liberty to give effect to its decision contained in Ext.p1.
The Writ Petition is allowed as above.