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2015 DIGILAW 121 (MEG)

Abdul Motleb v. State of Meghalaya

2015-08-06

T.NANDAKUMAR SINGH

body2015
ORDER : Heard Mr. PT Sangma, learned counsel for the petitioners and Mr. ND Chullai, learned Sr. GA assisted by Mr. KP Bhattacharjee, learned GA appearing for the respondents No.1-5. 2. The only prayer sought for in the present writ petition is for a direction to the State respondents to conduct the election of the Village Employment Council (for short “VEC” functionaries of Sakmal VEC. Considering the innocuous prayer sought for in the present writ petition, this writ petition is taken up for disposal at this stage. 3. In exercise of the powers conferred by sub-Section (1) of Section 4 of the National Rural Employment Guarantee Act, 2005, the Govt. of Meghalaya framed the Meghalaya Rural Employment Guaranteed Scheme (MREGS), 2006 vide notification No.CDD.122/2006/3 dated 28.07.2006. It is also stated that the said MREGS, 2006 had been amended vide notification dated NREGS Cell.19/66/2010-A dated 23.03.2010. Under that amended scheme published in the Gazette of Meghalaya Extra Ordinary, the terms of the AEC members will be 3 (three) years. Mr. ND Chullai, learned Sr. GA appearing for the respondents No.1-5 also submitted that the terms of the AEC members will be 3 (three) years. As per the said amended Scheme, 2010, the VEC is constituted at the village level by every village, the members of the VEC shall consist of every male and female heads of each household and the VEC shall be vested with the responsibility of Gram Sabha in so far as NREGS Scheme is concerned. Vide order of the BDO & Programme Officer, MGNREGS Selsella C&RD Block, West Garo Hills dated 29.09.2011, the VEC of Sakmal was constituted pursuant to the election of the members of the VEC and under that order dated 29.09.2011, the respondents No.6 & 7 are the Secretary and President of the VEC Sakmal respectively. For easy reference, the said order of the BDO & Programme Officer, MGNREGS Selsella C&RD Block, West Garo Hills dated 29.09.2011 is quoted hereunder:- “OFFICE OF THE BLOCK DEVELOPMENT OFFICER SELSELLA C&RD BLOCK, WEST GARO HILLS No.SEL.APPT/NREGS/2011/607 Dated 29.09.2011 ORDER In pursuance of the election result held in the Gram Sabha of Sakmal VEC held on 27.9.11 at Sakmal L.P. School the following elected members of the VEC are hereby approved with immediate effect. i) Shri. Seikh Shahidur Islam, President (*respondent No.7) ii) Shri. Md. Shirazul Hoque, Secretary (*respondent No.6) iii) Smt. Anarkuli Begum, Woman member. i) Shri. Seikh Shahidur Islam, President (*respondent No.7) ii) Shri. Md. Shirazul Hoque, Secretary (*respondent No.6) iii) Smt. Anarkuli Begum, Woman member. Sd/- (C N Sangma, MCS) BDO & Programme Officer, MGNREGS Selsella C&RD Block, West Garo Hills Copy to:- 1. The Deputy Commissioner & District Programme Coordinator MGNREGS for information. 2. The Project Director & Addl. District Programme Coordinator MGNREGS for information. 3. Shri. Seikh Shahidur Islam the President of Sakmal VEC for information and necessary action. 4. Shri. Md. Shirazul Hoque the Secretary of Sakmal VEC for information and necessary action. 5. Smt. Anarkuli Begum the Woman member of Sakmal VEC for information and necessary action. 6. Shri. ……………….. the former VEC Secretary for information and necessary action. 7. Shri. ……………….. for information and necessary action. 8. Smt. ……………….. the former woman member for information and necessary action. 9. The Branch Manager Rajabala SBI for information and necessary action. 10. Shri. Rakidur Islam Coordinator VEC for information and necessary action. 11. Shri. Hanif Uddin Sheikh Tech. Assist. for information and necessary action. 12. The Account Section MGNREGS for information and necessary action. Sd/- BDO & Programme Officer, MGNREGS Selsella C&RD Block, West Garo Hills” 4. The Additional Mission Director, State Rural Employment Society Meghalaya, Shillong made the clarification to all the Block Development Officers that the terms of the AEC members is 3 (three) years and also the terms of the VEC functionaries is 3 (three) years. Hence, there is a need for election of new VEC functionaries on the expiry of the term. The said letter of the Additional Mission Director, State Rural Employment Society Meghalaya, Shillong dated 16.09.2013 (Annexure-A3 to the writ petition) reads as follows:- “STATE RURAL EMPLOYMENT SOCIETY MEGHALAYA The Nodal Agency for implementation of MGNREGA No.SRES/MEGH.186/2012-13/Pt.IV/112 Dated Shillong 16th September, 2013 From: Smt. I.R. Sangma, MCS Additional Mission Director, State Rural Employment Society, Meghalaya, Shillong. To The Block Development office, Selsella C&RD Block, West Garo Hills Subject: Clarification on the complaint received from Abdul Malek Sk Reference: Letter No. NIL dated 6th September, 2013. This has reference to the above mentioned letter wherein certain representation have been made on the election of VEC functionaries held on the 16th August 2013, within the Haripur Village, Selsella C&RD Block. Upon careful scrutiny of the issues brought, I am to clarify that: 1. This has reference to the above mentioned letter wherein certain representation have been made on the election of VEC functionaries held on the 16th August 2013, within the Haripur Village, Selsella C&RD Block. Upon careful scrutiny of the issues brought, I am to clarify that: 1. The State government had vide notification No. NREGS Cell.19/2010/66 dated 23rd March 2010 made amendments to the Meghalaya Rural Employment Guarantee Scheme, 2006, pertaining to the constitution of the Programme Executive/Implementing Agency (EPIC) wherein there is no provision for the traditional heads being mandatory members of the Committee. (See para 7.A.4 of the enclosed amended notification.) 2. Since any person other than the traditional heads can be members of the PEIC, hence it is not mandatory as per provisions of the MREGS-Meghalaya State Rules for the Headman/Gaonbura/Nokma/Rangbah Shnong to be the President of the VEC. 3. The term of the AEC members is THREE years, thereby by default the terms of the VEC functionaries is also THREE years. Hence, there is a need for election of new VEC functionaries on the expiry of the term (See para 7.B.7 of the enclosed notification) 4. Further, the Act has not made any condition of providing honorarium to VEC functionaries, hence involvement of the adhoc/deficit teachers in the VEC does not deem to hold profitable post. However, in view of DPC’s circular vide No.WGH/NREGS/AD/ 19/06/2 dated 25th August 2006, perhaps the concerned school teachers involved in VEC functioning as President or Secretary may consider to opt out of the system and extend support from outside. This is for your information and compliance. Yours sincerely, Sd/- Additional Mission Director, State Rural Employment Society Meghalaya, Shillong. Memo No.SRES/MEGH.186/2012-13/Pt.IV/112-A Dated: Shillong 16th September 2013 Copy to: 1. The Deputy Commissioner and District Programme Coordinator, West Garo Hills for information. 2. Shri. Abdul Malek Sk, Gaonbura, Haripur village for information. Sd/- Additional Mission Director, State Rural Employment Society Meghalaya, Shillong.” 5. In the writ petition, it is categorically stated that the term of the Sakmal VEC constituted under the said order of the BDO & Programme Officer, MGNREGS Selsella C&RD Block, West Garo Hills dated 29.09.2011 had expired on 30.09.2014. Inspite of the expiry of the term of the said Sakmal VEC in which the respondents No.6 & 7 are the Secretary and President respectively, the respondents No.6 & 7 are still functioning as Secretary and President respectively. Inspite of the expiry of the term of the said Sakmal VEC in which the respondents No.6 & 7 are the Secretary and President respectively, the respondents No.6 & 7 are still functioning as Secretary and President respectively. It is also stated that the Youth Federation (NGO) filed the representation dated 14.10.2014 to the Deputy Commissioner & District Programme Coordinator, West Garo Hills, Tura to conduct the election of the members of the VEC Sakmal, whose term had already been expired on 30.09.2014. Mr. ND Chullai, learned Sr.GA fairly submits that election of the new members of the Sakmal VEC should be held in case new election has not yet been held. 6. In the above factual backdrop, this Court is of the considered view that this writ petition can be disposed of with a simple direction. Accordingly, this writ petition is disposed of by directing the respondent No.5 i.e. BDO & Programme Officer, MGNREGS Selsella C&RD Block, West Garo Hills to hold the election of the new members of the Sakmal VEC if there be no fresh election after the expiry of the term of Sakmal VEC constituted under the said order of the BDO & Programme Officer, MGNREGS Selsella C&RD Block, West Garo Hills dated 29.09.2011. It is also made clear that the whole exercise for constitution of the new Sakmal VEC by holding the election should be completed within a period of 45 days from the date of receipt of a certified copy of this judgment and order. It is also further directed that the respondents No.6 & 7 should not be allowed to function as Secretary and President of the Sakmal VEC respectively and they also should not be allowed to use any fund of the Sakmal VEC for any purpose. During the 45 days mentioned above, the respondent No.5 shall look after the administration and function of the Sakmal VEC. 7. Writ petition is allowed accordingly.