FIRDUS ALI MONDAL Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, petitioner is seeking setting aside of the order dated 31.10.2017 issued by respondent No. 3 - Block Development Officer and Programme Officer, MGNREGS, Selsella C&RD Block, West Garo Hills District, Meghalaya [In short "BDO"] and to declare fresh election of North Kaimbatapara-A and North Kaimbatapara-B Village Employment Council/s [In short "VEC"] as according to the petitioner, under the said scheme it should be within thirty days as per Meghalaya Rural Employee Guarantee Scheme 2006 [In short, "the Scheme"].

(2.) Briefly, the facts may be noticed. Gazette Notification No. 70 dated 28.07.2006 was published in the official Gazette of Meghalaya whereby, respondent No. 3 issued a job card on 30.03.2006 to the petitioner's family. The Scheme published in the said Gazette Notification dated 28.07.2006 was amended by the State Government on 23.03.2010 which was published in the Gazette of Meghalaya. The respondent No. 3 Vide order No. SEL.APPT /NREGS/ 2009-10/84 dated 07.12.2013 approved the names of the elected members of the North Kaimbatapara VEC.

(3.) The petitioner submitted an application to respondent No. 3 informing that the tenure of the present VEC members had expired on 03.12.2016 and the respondents are required to conduct fresh election as per the norms of the Scheme for electing the new VEC members of North Kalimbatapara. Having failed to do so, the petitioner approached this Court by way of WP(C) No. 42 of 2017 wherein, an order dated 28.06.2017 was passed directing the BDO (respondent No. 3) to conduct fresh election after allowing the petitioner to participate in the election, and then to form a committee as per the guidelines given under the heading of "Employment Council (VEC)" published in the official Gazette dated 28.07.2006. Operative portion of the aforesaid order at para 7 reads thus;