VANLALHRIATRENGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr.L.H.Lianhrima, learned counsel for the petitioner as well as Mr. Lalsawirema, learned Govt. Advocate for the respondent Nos. 1, 2 & 3 and Mr. A.R. Malhotra, learned counsel for the respondent Nos. 5 & 6.

(2.) MR . L.H.Lianhrima, learned counsel appearing for the petitioner submits that the petitioner had submitted a formal complaint in his capacity as the elected President of the Airfield Congress Unit, Aizawl against the Tuirial Airfield Village Council stating that the Village Council members have misappropriated government money to the tune of Rs.17,680/ -by misusing five job cards after the job card holders have migrated from the village. On the basis of the complaint, the respondent No.3 had detailed two Field Inspectors to verify the complaint in Tuirial Airfield Village Council and were directed to submit a report by an Order dated 7.3.2013. In the meantime, the Vice President and the Treasurer of Tuirial Airfield, Village Council submitted a joint representation dated 28.1.2013 to the District Local Administration Officer (respondent No.3) stating that they have withdrawn their support to the present President Shri Lalrindika (respondent No.4) as they no longer have confidence in his leadership and that they can no longer work with him. In the said representation they also proposed for constitution of a fresh Executive Body. On the basis of the representation dated 28.1.2013, the respondent No.3 by an order dated 5.3.2013 detailed two Field Inspectors to verify the application for reshuffle of the Tuirial Airfield Village Council Executive Body submitted by the Vice President and Treasurer and to submit their report. On the basis of the Office order dated 5.3.2013, two Field Officers conducted a spot verification and submitted their report on 13.3.2013 to the respondent No.3 stating that they have verified the application submitted by the Vice President and Treasurer of Tuirial Airfield Village Council for reshuffle on 11.3.2013. All the Village Council Members and Secretary are present and the two complainant were determined to re -shuffle the Tuirial Airfield Village Council. Thereafter by a notification dated 6.8.2013 the Local Administration Department, Government of Mizoram accepted the proposal for re -shuffle of Tuirial Airfield Village Council Executive Body in the Aizawl District as provided under Section 7(1) and Section 15 of the Lushai Hills District (Village Councils) Act, 1953 with Mr. L.Sata (respondent No.5) as the President, Mr. Lalrindika (respondent No.4) as the Vice President and Mr.Lalthangluaia (respondent No.6) as the Treasurer.

(3.) THE State respondents have filed their affidavit -inopposition. Mr. Lalsawirema, learned Govt. Advocate appearing for the State respondents submits that pursuant to the Order dated 7.3.2013 the said two Field Officers had submitted their enquiry report which have established that said Job Cards holders had already left. He also submits that the Executing Agency of MGNREGA in a village is the Village Employment Committee (VEC) and is directly accountable for proper implementation of the Scheme in the area and not the Village Council. As the Rural Development Department is the Nodal Department, the respondent had referred the matter to the Nodal department by letter dated 12.8.2013 and a reminder was also send to the concerned department i.e. Rural Development Department on 4.9.2013. However, the outcome is still awaited. He further submits that pursuant to the office order dated 5.3.2013, the said two Field Inspectors had submitted their spot verification report on the joint representation submitted by the Vice President and Treasurer of Tuirial Airfield Village Council against the President. In their report, it was stated that the Vice President and Treasurer were determined to re -shuffle their Village Council. The Government, thereafter had issued a notification dated 6.8.2013 accepting the proposal for re -shuffle of the Tuirial Airfield Village Council Executive Body. He therefore, submits that the respondent had taken appropriate steps and therefore allegation made by the petitioner against the State respondents is baseless. He also submits that for the implementation of MGNREGA, the Tuirial Airfield Village Council is not directly accountable as the scheme is executed by the Village Employment Council (VEC) which is constituted by the Rural Development Department. The matter having been already referred to the Nodal Department i.e. Rural Development Department, the decision of the said Nodal Department is awaited. He therefore, submits that immediate and appropriate action were taken by the respondent for conducting spot verification and also referring the matter to the Rural Development Department and therefore, there is no lacuna on the part of the State respondents.