BABULAL Vs. STATE OF M.P .

JUDGEMENT

(1.) The petitioners are aggrieved by dismissal of his application under Section 319 Cr.P.C. to implead the office bearer of Gram Panchayat - Pagrawadkalan and beneficiary Sidhnath.

(2.) Facts in brief are that under 'Mahatma Gandhi National Rural Employment Guarantee, Act, 2005' (hereinafter referred to as 'MGNREGA'), a scheme 'Madhya Pradesh Gramin Rojgar Guarantee Yojna, 2005' (hereinafter referred as 'Yojna 2005') and under this scheme, a sub-scheme "Kapil Dhara" was framed. As per Clause 1.4 of Yojna, 2005, a guarantee was given to the adult male member of families of villages that they shall be provided minimum 100 days employment and for this purpose, the eligibility criterion was determined as under:-

(3.) One Sidhnath was resident of Gram Pranchayat Pagrawadkalan and his job card was also made by this Gram Panchayat, but his farmland was situated under territoral jurisdiction of Gram Panchayat Lakumani. As he was resident of Gram Panchayat Pagrawadkalan and his job card was also made by the same Gram Panchayat, he applied for loan to dig a well on his farmland under sub-scheme Kapil Dhara, in Gram Panchayat Pagrawadkalan, which was approved by Gram Sabha on 31/10/2007 and was referred to Zanpad Panchayat, Shujalpur, Disst. Shajapur, who sanctioned his case on 15/02/2008 and the amount about Rs.1,35,000/- was disbursed.