Izazul Islam v. State of Meghalaya and 4 Ors

Serial No. 28-36 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 227 of 2024 with WP(C). No. 228 of 2024 WP(C). No. 229 of 2024 WP(C). No. 230 of 2024 WP(C). No. 231 of 2024 WP(C). No. 233 of 2024 WP(C). No. 234 of 2024 WP(C). No. 235 of 2024 WP(C). No. 236 of 2024

Date of Decision: 30.04.2025 Shri Azial Hoque

Shri Bashirul Islam

Shri Rahul D. Sangma

Shri Mozibor Rahman

Shri Abdul Azad Sheikh

Shri Izazul Islam

Shri Sofior Rahman

Shri Sajiul Islam

Shri Johirul Islam

…. Petitioner(s)

Versus

¶1State of Meghalaya represented by The Commissioner & Secretary to the Government of Meghalaya, Community & Rural Development Department, Shillong, Meghalaya

¶2The Mission Director, State Rural Employment Society (SRES), Shillong, Meghalaya

¶3The Deputy Commissioner & District Programme Coordinator, (MGNREGS), West Garo Hills, Tura

¶4The Project Director, District Rural Development Agency (DRDA), Tura West Garo Hills, Meghalaya

¶5The Block Development Officer, (BDO) & Programme Officer, (MGNREGS), Selsella C&RD Block, West Garo Hills, Meghalaya.

… Respondent(s)

Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge

Appearance: For the Petitioner(s) : Mr. S.K. Hassan, Adv. With

Ms. M. Rahman, Adv.

For the Respondent(s) : Mr. R. Gurung, GA with

Ms. A. Chettri, Adv.

i) Whether approved for reporting in

Law journals etc:

ii) Whether approved for publication

in press:

(ORAL)

¶1The common prayer in this batch of writ petitions is with regard to the non-holding of elections to the respective Village Employment Councils (VECs), which is mandated by the Act and Rules.

¶2It is submitted by Mr. S.K. Hassan, learned counsel for the petitioners that all the said VECs herein, which fall under the Selsella C&RD Block, West Garo Hill, Tura for the reasons of the bifurcation or relocation of Villages on the creation of new C&RD Blocks, the matter of holding elections to new VECs has been delayed. It is further

submitted that this prolonged delay is inexcusable, inasmuch as, as far back as in 2023 orders, from the State respondents itself, it has been directed that the bifurcation from the existing Blocks, be completed at the earliest. It is submitted that the petitioners have been compelled to approach this Court in view of the inaction of the State respondents, in this regard.

¶3Mr. R. Gurung, learned counsel GA for the State respondents has not denied that the situation is not as stated by the writ petitioners. He only submits that in view of the fact that there are 9 newly created C&RD Blocks, which are bifurcated from the existing Blocks, time is required for shifting the Villages from the parent Blocks to the new Blocks, as this involves clearing of pending liabilities, such as wages, both skilled, semi-skilled, materials, physical completion of all ongoing works and also Geo-tagging of pending assets. He submits that the delay has not been caused deliberately but the fact that the process requires time. In this connection, the learned GA has referred to a communication dated 08.06.2023 annexed as Annexure-I, to the affidavit. He prays that the State respondents be allowed 2(two) months' time to complete the process, and conduct elections.

¶4I have heard learned counsel for the parties.

¶5As submitted by the learned counsel for the petitioners, the prayer in all these writ petitions is limited only to the re-constitution of the VECs, by way of fresh elections as mandated by the Act and Rules. A perusal of the communication as referred to by the learned GA shows that the communication had been issued as far back as on 08.06.2023, and the directions contained therein, are that the above activities was to be completed on a priority basis, for all the affected VECs.

¶6In this view of the matter as much time as passed since the issuance of the said letter, this Court directs that for those Villages for which bifurcation and other formalities have been completed, the concerned respondents shall conduct elections as expeditiously as possible, and for the other Villages for which these prerequisites have not been completed, 2(two) months' time is allowed, to complete the formalities and to conduct elections.

¶7It is ordered accordingly.

¶8It is expected that the respondents shall comply faithfully with these directions.

¶9These writ petitions stand closed and are accordingly disposed of. JUDGE Meghalaya

30.04.2025 "V. Lyndem-PS"