Thazhava Grama Panchayath vs. The Ombudsman For Local Self Government
Held
The High Court upheld the Ombudsman's order, stating that the duty to levy and remit GST lies with the vendor/service provider, and withholding payment from the beneficiary on this ground was unjustifiable. The Court found no reason to set aside the Ombudsman's decision or question its jurisdiction.
Facts
A Grama Panchayat withheld material cost payment of ₹39,250 to an MGNREGS beneficiary for a well construction, demanding GST-registered vendor bills. The Ombudsman for Local Self Government Institutions directed the Panchayat to release the payment, which the Panchayat challenged before the High Court.
Key Issues
Can a Grama Panchayat withhold MGNREGS material payments due to a beneficiary's failure to provide GST-registered vendor bills? Does the Ombudsman for Local Self Government Institutions have jurisdiction over such complaints despite other available mechanisms?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 12TH DAY OF AUGUST 2022 / 21ST SRAVANA, 1944 WP(C) NO. 25802 OF 2022 PETITIONER: THAZHAVA GRAMA PANCHAYATH SRPM P.O., THAZHAVA, KARUNGAPPALLY, KOLLAM - 690 539 REPRESENTED BY ITS SECRETARY. BY ADV SHRI.SIJU KAMALASANAN, SC, THAZHAVA GRAMA PANCHAYATH RESPONDENTS: 1 THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT SAFALYAM COMPLEX, TRIDA BUILDING, UNIVERSITY P.O., PALAYAM, THIRUVANANTHAPURAM - 695 034 REPRESENTED BY ITS SECRETARY. 2 SMT.SUNANDA SOPANAM, PAVUMBA NORTH, PAVUMBA P.O., KARUNGAPPALLY, KOLLAM - 690 574. 3 SARATH KUMAR FORMER PANCHAYAT MEMBER, SARIKA BHAVANAM, PAVUMBA NORTH, PAVUMBA P.O., KOLLAM - 690 574. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.25802/2022 : 2 : N. NAGARESH, J. ````````````````````````````````````````````````````````````` W.P.(C) No.25802 of 2022 ````````````````````````````````````````````````````````````` Dated this the 12th day of August, 2022 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ Aggrieved by Ext.P6 Order passed by the Ombudsman for Local Self Government Institutions,
The judgment continues below.
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