Anjuma Bibi v. State of Meghalaya and 36 Ors

JUDGMENT AND ORDER (ORAL)

¶1The writ petitioner who is stated to be a Job Card Holder under the Moulakandi Village Employment Council (VEC), is before this Court complaining against the constitution of the Village Monitoring Committees (VMCs) under the Moulakandi VEC, which she alleged is not warranted, arbitrary and illegal. It is the case of the writ petitioner that the Schemes under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) does not envisage the creation of such Monitoring Committees, and only provides for constitution of a single VEC in a Village to undertake the developmental works under the Scheme.

¶2Mr. S. Deb, learned counsel for the petitioner has strenuously argued that the persons who have been made members of the VMCs, have been appointed arbitrarily by the VEC, which has shown undue favouritism in this regard. Though he fairly submits that no allegation of corruption has been made against the functioning of the VEC or VMCs, he contends that the works are not being carried out smoothly and has affected the Job Cards Holders, as a whole. He therefore, prays that appropriate orders be issued by this Court that VMCs if constituted at all, should be by election from amongst the Job Cards Holders.

¶3Ms. I. Lyngwa, learned GA for the respondents No. 1 to 4, in her submission has placed reliance in the affidavit filed on behalf of the said respondents, and submits that the writ petition itself is hit by delay and laches, inasmuch as, the VEC concerned had been elected as far back as on 27.07.2022, and has already completed 2(two) years, of its term. She further submits the orders under challenge are with regard the constitution of the VMCs, for the year 2023. It is further submitted that the constitution of the said VMCs was at the request of the VEC itself, to ensure the efficient implementation of the MGNREGS Scheme and to achieve 100 mandays, as guaranteed to all the Job Card Holders. The State respondents, she submits on the said request for approval of constitution of VMCs members, due to the fact that it was not possible for the VEC to monitor the entire works, has accordingly consented to the same, which led to the constitution of the VMCs. She lastly submits that the writ petitioner herself had contested in the last election but was unsuccessful, and the writ petition has been filed only to harass the present VEC. She prays that the writ petition be not entertained.

¶4Ms. R. Colney, learned counsel for the respondent No. 6, and the other Job Card Holders also supports the submissions made by the learned GA, and submits that the writ petition is bereft of merits, and the same deserves to be dismissed.

¶5Having heard the learned counsel for the parties, it is seen that the only grievance of the writ petitioner is with regard to the constitution of the VMCs, and no other grievance has been put forward. It is noted from the materials that the said VMCs have been constituted as far back as on April, 2023 onwards, the last being on

23.08.2023. It is also noted that the election of the present VEC was held on 27.07.2022, and that the writ petitioner has approached this Court at a very belated stage, that too in a petition in the nature of a public interest litigation.

¶6Notwithstanding these facts, it appears the VMCs had been constituted at the request of the VEC to ensure more effective implementation of the Scheme, and to ensure 100 mandays be achieved for all the Job Card Holders. Though on examination of the Scheme, VMCs are not contemplated therein as stated, but however as the VMCs has been constituted in public interest, and there being no allegation or any issue of misappropriation, or other discrepancies apart from the selection, the writ petition deserves no consideration and is accordingly dismissed.

¶7This Court however, notes that in the constitution of such VMCs, equal opportunity should be given to all the Job Card Holders to be part of the same. Chief Justice (Acting) Meghalaya

29.08.2024 "V. Lyndem-PS"

Powered by TCPDF (www.tcpdf.org) Date: 2024.09.02 17:13:56 IST

Serial No. 08 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 92 of 2024 Date of Decision: 29.08.2024 Smti Anjuma Bibi …. Petitioner(s) Versus 1. State of Meghalaya Represented by the Commissioner & Secretary, Department of Community & Rural Development (C&RD), Government of Meghalaya. 2. Deputy Commissioner cum District Programme Coordinator, (MGNREGS), West Garo Hills District, Meghalaya. 3. The Project Director cum Addl. District Programme Coordinator, (MGNREGS), West Garo Hills District, Meghalaya. 4. Block Development Officer & Programme Officer, MGNREGS, Demdema C&RD Block, Demdema, 5. Smti Zannatun Khatun President, Moulakandi VEC, 6. Smti Moklesha Bibi Secretary, Moulakandi VEC, 7. Smti Sabina Yesmin Women Member, Moulakandi VEC, 8. Smti Shalina Begom, President, Moulakandi Part South VMC, 9. Smti Afruza Bibi Secretary, Moulakandi Part South VMC, 10. Smti Lazina Bibi Women Member, Moulakandi Part South VMC, 11. Smti Shohenara Khatun President, Moulakandi Part West VMC, 12. Smti Sobeda Bibi Secretary, Moulakandi Part West VMC, 13. Smti Mozia Bibi Women Member, Moulakandi Part West VMC, 14. Smti Kohinur Begumi President, Moulakandi Part Bownivita VMC, 15. Smti Shazina Yasmin Secretary, Moulakandi Part Bownivita VMC, 16. Smti Achiya Bibi Women Member, Moulakandi Part Bownivita VMC, 17. Smti Sokina Bugum President, Moulakandi Part 1 VMC, 18. Smti Rehena Negum Secretary, Moulakandi Part 1 VMC, 19. Smti Mukuta Begum Women Member, Moulakandi Part 1 VMC, 20. Smti Akirun Sultana President, Moulakandi Part Hatkhlla VMC, 21. Smti Aktarun Nehar Bibi Secretary, Moulakandi Part Hatkhlla VMC, 22. Smti Moslena Khatun Women Member, Moulakandi Part Hatkhlla VMC, 23. Smti Komida Bibi President, Moulakandi Part V VMC, 24. Smti Omila Bibi Secretary, Moulakandi Part V VMC, 25. Smti Fatema Begum Women Member, Moulakandi Part V VMC, 26. Smti Josna Khatun President, Moulakandi Part XII VMC, 27. Smti Nazira Begum Secretary, Moulakandi Part XII VMC, 28. Smti Sahera Bibi Women Member, Moulakandi Part XII VMC, 29. Smti Mamuni Begum President, Moulakandi Paikirpara VMC, 30. Smti Mahumuda Begum Secretary, Moulakandi Paikirpara VMC, 31. Smti Moslema Bibi Women Member, Moulakandi Paikirpara VMC, 32. Smti Mafruza Begum President, Moulakandi Part III VMC, 33. Smti Rehena Begum Secretary, Moulakandi Part III VMC, 34. Smti Hoshna Bibi Women Member, Moulakandi Part III VMC, 35. Smti Hashinur Islam President, Moulakandi Part XIV VMC, 36. Smti Saiful Hussain Secretary, Moulakandi Part XIV VMC, 37. Smti Abeda Khatun Women Member, Moulakandi Part XIV VMC, ….. Respondent(s) Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Chief Justice (Acting) Appearance: For the Petitioner(s) : Mr. S. Deb, Adv. For the Respondent(s) : Ms. I. Lyngwa, GA (For R 1-4) Ms. R. Colney, Adv. (For R 5-37) i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: