Excelsior Correspondent
Srinagar, Dec 2: The State High Court today issued notice to various authorities for implementing the annual plans under MNREGA and other Centrally Sponsored Schemes only on the basis of recommendation of Gram Sabha in accordance with Panchayati Raj Act.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey issued notice to Commissioner Secretary to Rural Development Department, Director Rural Development Department, Assistant Commissioner Development Anantnag, Block Development Officer Srigufwara and block president PDP Bijbehara and sought reply to the pleas of petitioners contained in the petition by next date of hearing.
Petitioner prayed that officials be refrained from acting according to the dictatorship of block president PDP and no recommendation be accepted from him in implementing the annual plan under MNREGA and other Centrally Sponsored Schemes.
He further prayed that the block president be commanded not to interfere directly or indirectly in the implementation of MNREGA plan and utilization of funds thereof.
It is stated in the petition that the respondents are having large budgetary allocation under the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) for development of the Rural Areas and for providing guaranteed job to the rural population.
After the allocation of funds to the Panchayat Halqa, Gram Sabha which is meeting of the entire population of a Panchayat Halqa’s on spot is held to finalize the list of developmental works to be undertaken in a particular financial year.
That after allocation of the funds to the petitioners village for the financial year 2017-18 under the MNREGA the respondents called a meeting of Gram Sabha in the petitioner’s village wherein the list of development works was finalized and near about 100 developmental works were identified and list was prepared with respect to the rural connectivity and micro-irrigation in the village with the consensus that the works will be taken in the order of priorities to be decided subsequently in Gram Sabha.
Petitioners through their counsel Rizwan-u-Zaman submitted that block president of the People’s Democratic Party without any authority and competence is interfering in the implementation of the MNREGA plan 2017-18 in the petitioner’s village by firstly dictating the prioritization of development works and by employing the agents of his political party as brokers/contractors and commission agents in the development works, which is totally prohibited under the MNREGA.
The petition read that he and his henchmen are working as middle men and earning large amounts as commission in the process of implementation of the MNREGA plan. “That the block president at the behest of the ruling political party is interfering in the implementation of the MNREGA which is totally against the letter and spirit of MNREGA”, the petition read.
The political interference, it has been submitted, is totally unethical to the very idea of MNREGA scheme and the Department of Rural Develop-ment is governed through the Panchayati Raj Act and the funds allotted through the Rural Development Depart-ment are to be utilized in accordance with the procedure laid under the Panchayati Raj Act.
Under the Act, it is submitted that the most powerful and important Panchayat Raj Institution is the Halqa Majlis (Gram Sabha) which is constituted by all the voters of the Panchayat Halqa and the officials have to follow the decisions to be taken by the Gram Sabha while implementing the various Centrally Sponsored Schemes including MNREGA.
But in the present case, petitioners said, the authorities are following the dictates of Block president PDP who is an extra Constitutional authority, running a parallel Government in violation of the provisions of Panchayati Raj Act and the very objective and purpose of MNREGA resulting in severely adverse effects on the role and functions of the Constitutional and legal functionaries and there is total loot and abuse of public money.
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