ALLAHABAD: Allahabad High Court sought the response of the State Government on a Public Interest Litigation (PIL) plea praying that the National Flag be hoisted on Gram Panchyat buildings daily.
The Bench comprises of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar issued an order on a PIL plea by Chandra Bhushan Pandey who submitted that since Panchayat Bhawan in every Gram Panchayat falls within the meaning of “Important Public Buildings, therefore, they shall be allowed to hoist national flag on all 365 days of the year.
During an argument, the petitioner also give a reference to paragraph 3.39 of Part III, Section VIII of Flag Code of India which states that the National Flag should be flown only on important public buildings such as High Courts, Secretariats, Commissioners’ Offices, Collecorates, Jails and offices of the District Boards, Municipalities and Zila Parishads and Departmental/Public Sector Undertakings.
Further, he also gave a reference to Article 243G of the Constitution of India, Pandey contended that the law-making body shall by law confer certain powers on Panchayats as may be necessary to enable them to function as institutions of Self Government.
Hearing all this, the Court directed the state Counsel to seek complete instructions from the Department of Culture as well as from the Department of Panchayati Raj by the next date of listing, in a meantime, the Court permitted the Gram Panchayats to hoist the National Flag from 11th to 17th August 2022 while celebrating “Azadi Ka Amrit Mahotsav” in terms of the instructions and guidelines issued by the Chief Secretary, Government of U.P. which are embodied in the Circular/ Order dated 01.06.2022.
The next date of hearing is 22.08.2022.
DOWNLOAD OUR FREE LEGAL MAGAZINE – Law Manthan 2nd Edition