ANIL SHEKHAWAT Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) HEARD Mr. Ajay Kumar Jain, learned counsel for the petitioner and Mr. G.S. Bapna, learned Senior Advocate and Advocate General, Rajasthan assisted by Mr. V. Garg for the respondents. The instant petition seeking to initiate a public interest litigation, is directed against the decision of the State Government to release an amount of Rs. 2100/ - for every family that had completed 100 days of employment under the Mahatma Gandhi National Rural Employment Guarantee Act (hereafter referred to as MNREGA) during the Financial Year 2012 -13 and of providing sarees and blankets to the BPL families and other families, similarly placed, in terms of the budget provisions for the Financial Year 2013 -14.

(2.) ACCORDING to the petitioner, who is Chartered Accountant by profession and also Vice President of the State Unit of Samajwadi Party, these initiatives amount to corrupt practice of bribery defined under Section 123 of the Representation of People Act, 1953 (for short, hereafter referred to as 'the Act') and have been undertaken to secure the political prospects of the party in power in the impending Assembly elections.

(3.) THE State -respondents in their reply have questioned the permissibility of the challenge by the petitioner contending that the provisions, based whereupon, the impugned decisions had been taken, were contained in the budget laid for the Financial Year 2013 -14, which was duly deliberated upon and approved in the State Legislative Assembly attended as well by the M.L.A. of the Samajwadi Party, who did not oppose the same. The answering respondents, without prejudice to these, have asserted that the decision to release an amount of Rs. 2100/ - to the persons contemplated in the order dated 28.3.2013 is not only to effectuate the relevant budget provision, but also to encourage self employment of the targeted weaker sections of the society, as desired by the State Government. As the sole objective is to encourage and motivate rural people towards self employment rather than depending upon the State employment, the answering respondents have repudiated the instant challenge to be detrimental to public interest. A compilation of the statistics demonstrating such payments as made, has also been appended to the reply. It has been contended as well that on an earlier occasions, incentive of Rs. 250/ - to women workers, as reward under the NREGA Scheme for 100 days, had been provided and the scheme to that effect had been implemented in the years 2008 -09, 2009 -10 & 2010 -11. Qua the impeachment of the decision to release an amount of Rs. 1500/ - in lieu of sarees and blankets, the answering respondents have stated that at the time of implementation of the proposal to this effect, as made in the budget, difficulties in procuring such large number of sarees and blankets (40 lacs sarees and 80 lacs blankets) were encountered on many fronts. The selected organizations, namely, Khadi Board, Handloom Corporation and Bunkar Sangh, were not found to have the capacity to produce and make available such huge supplies. It was therefore, suggested that an amount, as a substitute, be provided in cash, so that therewith the eligible families may purchase the sarees and blankets of their choice. Accordingly, according to the respondents, Rs. 1500/ - each was disbursed to the eligible families. A compilation of the statistics of the amount so released has also been annexed to the reply.