ANJUMA BIBI Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The 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.

(2.) Mr. 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.

(3.) Ms. 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 27/7/2022, 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.