MOHIBUL ISLAM Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THESE two writ petitions involving similar question of fact and law relating with the constitution of Village Employment Council (VEC) for Old Bhaitbari, VEC are taken up for joint hearing for disposal by a common judgment and order.

(2.) HEARD Mr. S. Dey, learned counsel for the petitioner in WP(C) No. 28/2014, Mr. N.D. Chullai, learned Sr. GA assisted by Mr. K.P. Bhattacharjee, learned GA appearing for the respondents No. 1 -3 and Mr. A. Khan, learned counsel for the respondents No. 5 & 6. Also heard Mr. A. Khan, learned counsel for the petitioner in WP(C) No. 248/2014/respondents No. 5&6 in WP(C) No. 28/2014, Mr. N.D. Chullai, learned Sr. GA assisted by Mr. K.P. Bhattacharjee, learned GA appearing for the respondents No. 1 -4 and Mr. S. Dey, learned counsel for the respondent No. 5/petitioner in WP(C) No. 28/2014.

(3.) IN the writ petition, it is further case of the petitioner that under the Scheme called "Meghalaya Rural Employment Guarantee Scheme, 2006" which is self contained one, the terms of the AEC members will be one year and if there be any complaint about any of the AEC members, a special meeting of the VEC shall be convened by the BDO or his/her representative to effect any changes in the VEC as may be agreed to by the VEC. Mr. S. Dey, learned counsel for the petitioner in WP(C) No. 28/2014 strenuously contended that under the said Scheme i.e. Meghalaya Rural Employment Guarantee Scheme, 2006, the elected VEC can be changed and the new members could be elected in a subsequent election of the VEC by the Job Card Holders. It is nobody's dispute that if there be any complaint against the members of the VEC, the elected VEC members, after holding enquiry, could be replaced by the elected members in a subsequent election. In the present case, the petitioner of WP(C) No. 28/2014 had been removed from the post of Secretary of the Old Bhaitbari VEC without holding an enquiry and the respondent No. 6 (writ petitioner in WP(C) No. 248/2014) had been appointed as Secretary of the Old Bhaitbari VEC without any election. In this regard, Mr. A. Khan, learned counsel for the petitioner in WP(C) No. 248/2014, submitted that there was a selection of Secretary from amongst the Job Card Holders for the Old Bhaitbari VEC.