SURAJUL ISLAM KAZI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. HL Shangreiso, learned counsel appearing for the petitioners, Mr. ND Chullai, learned Sr. Govt. Advocate assisted by Mr. A.H Hazarika, learned counsel appearing for the respondents No. 1 to 3 and also Mr. A.S Siddique, learned counsel appearing for the respondents No. 4, 5 and 6.

(2.) AT the very outset, for the compelling reasons, this court is making an observation that the respondents No. 4, 5 and 6 are abusing the judicial process for the reasons mentioned in the coming paras.

(3.) BASING on the said enquiry report which is in favour of the respondents No. 4, 5 and 6, the Deputy Commissioner & District Programme Co -Ordinator, MGNREGS, West Garo Hills, Tura passed an order dated 4 -9 -2011 that an FIR should be lodged against the complainants for the reason that because of the false complaint, there was interference in the smooth implementation of the MGNREGS. Inspite of the said order of the Deputy Commissioner & District Programme Co -Ordinator, MGNREGS, West Garo Hills, Tura, dated 4 -9 -2011, the Block Development Officer & Programme Officer, MGNREGS issued an order dated 16 -1 -2012 for holding an election for the post of Secretary, President and Women member of the Village Employment Council (for short VEC). The respondents No. 4, 5 and 6 being aggrieved by the said order of the Block Development Officer & Programme Officer, MGNREGS, dated 16 -1 -2012 file a writ petition No. WP(C) (SH) 1/2012 along with the misc. application before this court for assailing the said order of the Block Development Officer & Programme Officer, MGNREGS, Selsella C & RD Block, dated 16 -1 -2012.