(1.) HEARD Mr. A. H. Hazarika, learned counsel appearing on behalf of the petitioner. Also heard Mr. Anil Sarma, learned Advocate General, Meghalaya and Mr. H. Rahman, learned Assistant Solicitor General of India.
(2.) THIS petition styled as PIL has been filed by the petitioner by way of a general complaint against the Government of Meghalaya without any specifics and particulars of allegations which would warrant interference of this Court and this can be seen from the following prayers made in the PIL.
(3.) The general complaint of the petitioner is that the fund earmarked for 2003-04, 2004-05 and 2005-06 in respect of the Constituency Development Fund of Mawryngkeng Circle, Meghalaya have not been properly utilized. It is alleged by the petitioner that the schemes, namely - (i) SGRY, (ii) C. D. , (iii) APS, (iv) CRRP, (v) IACDP, (vi) ISYDP, (vii) SRWP, (viii) DRFM and (ix) IAY and SGRY-II which are to be implemented through Local Dorbar, Village Committee and School Managing Committee, had been implemented by some organisations and societies and it is further alleged that some of the schemes relating to construction of school, low cost house etc. were implemented by one Mr. H. Lawai alleged to be the Secretary of Welfare and Rural Development Society, Umpling, Shillong, without making him as party in the case and similar allegations have been made against some other private individuals. Looking at the entirety of the averments/contentions and prayers made in the PIL, it would simply demonstrate that the PIL is in the nature of general complaint against the Government of Meghalaya, Government Officials of Meghalaya and individuals without any specific allegation which are capable of adjudication by this Court by embarking upon path of PIL. It appears that the forum of PIL which has been developed through series of judicial decisions for protection of fundamental and statutory rights, prevention against deprivation of rights and benefits of disadvantaged and poorer sections of the Society who would not have means of access to Court, is sought to be misused and abused in this PIL.