Meghalaya High Court
Shri Siraful Islam vs State Of Meghalaya on 6 September, 2016
IN THE HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 101 of 2016
With
MC(WPC) No. 131 of 2016
And
MC(WPC) No. 55 of 2016
1. Shri Md. Siraful Islam (Job Card Holder)
S/o Shri Asurullah Sk
R/o Askikandi, P.O.Bhaitbari,
P.S. Phulbari,
District: West Garo Hills,
Meghalaya.
2. Shri Saiful Islam (Job Card Holder)
S/o Shri Md. Sader Hussain,
R/o Askikandi, P.O. Bhaitbari,
P.S. Phulbari,
District: West Garo Hills,
Meghalaya.
... Petitioners/Applicants
-Versus-
1. State of Meghalaya represented by
The Principal Secretary to the Govt. of
Meghalaya, Community and Rural
Development Department,
Meghalaya, Shillong.
2. The Director of Community and Rural
Development Department, Meghalaya,
Shillong.
3. The Additional Mission Director,
State Rural Employment Society,
Meghalaya, Shillong.
4. The Deputy Commissioner-cum-District
Programme Co-ordinator, MGNREGS,
Tura.
5. The Block Development Officer and
Programme Officer, MGNREGS, Selsella
C&RD Block, Selsella, West Garo Hills,
Meghalaya.
6. Shri. Mutadir Rahman,
President, VEC Askikandi Village
R/o Askikandi, P.O. Bhaitbari,
WP(C) No. 101 of 2016 Page 1 of 3
MC(WPC) No. 131 of 2016
MC(WPC) No. 55 of 2016
P.S. Phulbari,
District: West Garo Hills, Meghalaya.
7. Shri Mofidur Rahman,
Secretary, VEC Askikandi Village
R/o Askikandi, P.O.Bhaitbari,
P.S. Phulbari,
District: West Garo Hills, Meghalaya.
8. Smti Sobona Bibi,
Woman Member, VEC Askikandi Village
R/o Askikandi, P.O. Bhaitbari,
P.S.Phulbari,
District: West Garo Hills, Meghalaya.
... Respondents
BEFORE HON'BLE MR JUSTICE VED PRAKASH VAISH Present Mr. AH Hazarika ... Counsel for Petitioners/Applicants Mr. KP Bhattacharjee ... Counsel for Respondents Mr. SA Sheikh Date of Hearing ... 06.09.2016 Date of Order ... 06.09.2016 BY HON'BLE MR. JUSTICE V.P.VAISH (ORAL) The petitioners/applicants have filed the present petition assailing impugned order dated 13.12.2013 issued by the BDO, Programme Officer, MGNREGS, Selsella C&RD Block. The petitioners/applicants also seeks directions to constitute fresh VEC of Askikandi village.
2. The case of the petitioners/applicants is that the Meghalaya Rural Employment Guarantee Scheme (MREGS) 2006 was notified by the Government of Meghalaya vide Notification No. CDD.122/2006/3-A, dated 28.07.2006 which was subsequently amended vide Notification dated 23.03.2010 and amended scheme was published in the Gazette of Meghalaya. As per the amended Scheme 2010, the Village Employment Council (VEC) WP(C) No. 101 of 2016 Page 2 of 3 MC(WPC) No. 131 of 2016 MC(WPC) No. 55 of 2016 was constituted at the village level. The VEC of Askikandi was constituted vide order dated 16.01.2012 which was dissolved as the Secretary misappropriated the fund meant for the wages of the job card holders. Thereafter, the BDO & Programme Officer, MGNREGS Selsella C&RD Block issued an impugned order dated 13.12.2013 and temporarily constituted VEC of Askikandi village. The petitioners have impugned the said order dated 13.12.2013.
3. The petitioners/applicants have filed the present application for withdrawal of the writ petition bearing MC(WPC) No. 131 of 2016.
4. Mr. AH Hazarika, learned counsel for the petitioners/applicants submits that the petitioners do not want to pursue the present petition and the same may be dismissed as withdrawn.
5. In view of the submission made by learned counsel for the petitioners the Misc. Application MC(WPC) No. 131 of 2016 is allowed.
6. In view of the facts and circumstances of the case and in view of the application made in MC(WPC) No. 131 of 2016 as well as the submission made by the learned counsel for petitioners the writ petition is dismissed as withdrawn.
7. Accordingly, MC(WPC) No. 55 of 2016 stands disposed of.
JUDGE V. Lyndem WP(C) No. 101 of 2016 Page 3 of 3 MC(WPC) No. 131 of 2016 MC(WPC) No. 55 of 2016