HORI SATRO RABHA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 of the Constitution of India seeking a writ of certiorari for quashing the impugned order No. DDB.6/Apptt/MGNREGS/2018-19/73 dated 10.08.2018 (Annexure-II) issued by respondent No. 2 whereby, the new Village Employment Council (in short "VEC ") of Kaimbatapara was approved without intimation to the petitioner.

(2.) As per the averments made in the writ petition, the petitioner was elected as the Secretary of the VEC, Kaimbatapara by the job card holders in the general meeting held on 20.11.2015 conducted by the Gram Sabha, which was approved by respondent No. 2. Vide Memo Order No. SEL.125/NREGS/ORDER/2015-16/957 dated 01.03.2016, the VEC had to implement the scheme known as "Mahatma Gandhi National Rural Employment Guarantee Scheme " as per the guidelines formulated by the Government of Meghalaya Rural Employment Guarantee Scheme (MREGS) ". The petitioner, as the elected Secretary of the VEC, had been discharging the functions and performing his duties. In the interest of the job card holders of the VEC, Kaimbatapara, West Garo Hills, the petitioner had successfully executed various works assigned to him. The petitioner claimed that surprisingly, the impugned order No. DDB.6/Apptt/MGNREGS/2018-19/73 dated 10.08.2018 (Annexure-II) was issued by respondent No. 2 whereby, the VEC where the petitioner was working as the Secretary has been discontinued and a new VEC was approved in contravention of the guidelines formulated by the Government of Meghalaya as the tenure of the VEC was approved for three years. According to the petitioner, Annexure-II passed by respondent No. 2 has violated his rights without affording any opportunity of hearing to him and by a non-speaking order.

(3.) Upon notice having been issued, the affidavits-in-opposition have been filed by the respondents No. 1 to 5 controverting the claim made by the petitioner.