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2013 Supreme(Gau) 828

Gauhati High Court
L.S. Jamir, J.
Vanlalhriatrenga - Appellant
Versus
State of Mizoram and Ors. - Respondent
WP(C) No.92 of 2013
Decided On : 13-12-2013

Advocates:
For the Petitioner: Mr. L.H. Lianhrima
For the Respondents: Mr. Lalsawirema, Mr. C. Lallramzauva, Mr. A.R. Malhotra, Mr.T.J. Lalnuntluanga, Mr. K. Laldinliana.Mr. Johny L.Tochhong, Ms. Lalramsangzuali, Ms. Lalhruaitluangi Chhangte and Ms. Ruth Lalrinliani

Headnote:

Lushai Hills District (Village Councils) Act, 1953 – Sections 7, 15 – Misappropriation of Money – Counsel appearing for the petitioner submits that the petitioner had submitted a formal complaint in his capacity as elected President of the Airfield Congress Unit, Aizawl against Tuirial Airfield Village Council stating that the Village Council members have misappropriated Government money to the tune of Rs. 17,680 by misusing five job cards after job card holders have migrated from the village – On basis of complaint, respondent No.3 had detailed two Field Inspectors to verify complaint in Tuirial Airfield Village Council and were directed to submit a report by an Order – Held, In absence of the Rural Development Department being a party in present writ petition, this court is finding it difficult to pass appropriate orders against the said Rural Development Department – Court considers it appropriate to pass a derection to Chief Secretory, Government of Mizoram to take steps with concerned Nodal Department, i.e., Department of Rural Development taking into consideration report of 2 field Inspectors and also list of Muster Roll for the Tuirial Village and thereafter pass appropriate orders agaist concerned erring Village Council members/Village Employement Committee Members in accordance with law – Such steps/action should be taken within a period of one month from the date of receipt of the order of this court – Writ Petition Partly Allowed

Heard Mr. L.H. Lianhrima, learned counsel for the petitioner as well as Mr. Lalsawirema, learned Government Advocate for the respondent Nos. 1, 2 and 3 and Mr. A.R.Malhotra, learned counsel for the respondent Nos. 5 & 6.

2. Mr. L.H. Lianhrima, learned counsel appearing for the petitioner submits that the petitioner had submitted a formal complaint in his capacity as the elected President of the Airfield Congress Unit, Aizawl against the Tuirial Airfield Village Council stating that the Village Council members have misappropriated Government money to the tune of Rs. 17,680 by misusing five job cards after the job card holders have migrated from the village. On the basis of the complaint, the respondent No.3 had detailed two Field Inspectors to verify the complaint in Tuirial Airfield Village Council and were directed to submit a report by an Order dated 7.3.2013. In the meantime, the Vice-President and the Treasurer of Tuirial Airfield, Village Council submitted a joint representation dated 28.1.2013 to the District Local Administration Officer (respondent No.3) stating that they have withdrawn their support to the present President Shri Lalrindika (respondent No.4) as they no longer have confidence in his leadership and that they can no longer work with him. In the said representation they also proposed for constitution of a fresh Executive Body. On the basis of the representation dated 28.1.2013, the respondent No.3 by an order dated 5.3.2013 detailed two Field Inspectors to verify the application for reshuffle of the Tuirial Airfield Village Council Executive Body submitted by the Vice-President and Treasurer and to submit their report. On the basis of the Office order dated 5.3.2013, two Field Officers conducted a spot verification and submitted their report on 13.3.2013 to the respondent No.3 stating that they have verified the application submitted by the Vice-President and Treasurer of Tuirial Airfield Village Council for reshuffle on 11.3.2013. All the Village Council Members and Secretary are present and the two complainant were determined to re-shuffle the Tuirial Airfield Village Council. Thereafter by a notification dated 6.8.2013 the Local Administration Department, Government of Mizoram accepted the proposal for re-shuffle of Tuirial Airfield Village Council Executive Body in the Aizawl District as provided under section 7(1) and section 15 of the Lushai Hills District (Village Councils) Act, 1953 with Mr. L. Sata (respondent No.5) as the President, Mr. Lalrindika (respondent No.4) as the Vice-President and Mr. Lalthangluaia (respondent No.6) as the Treasurer.

On the basis of the Office Order dated 7.3.2013 for verification of complaint against the Tuirial Airfield Village Council, the two Field Inspectors who were deputed for the purpose conducted a spot verification and submitted their report by letter dated 13.3.2013 to the respondent No.3 stating that the Village Council Authorities did not deny that the said five Job Cards holders have already left their village and their Job Cards has not yet been cancelled. They also found that the allegation levelled against the Village Council Authorities on the misappropriation is correct. The learned counsel for the petitioner submits that in spite of such report having been made to the respondent No.3 no action has been taken up by the respondent and, therefore submits that a direction be issued to the State respondent to dissolve the Tuirial Airfield Village Council immediately.

3. The State respondents have filed their affidavit-in-opposition. Mr. Lalsawirema, learned Government Advocate appearing for the State respondents submits that pursuant to the order dated 7.3.2013 the said two Field Officers had submitted their enquiry report which have established that said Job Cards holders had already left. He also submits that the Executing Agency of MGNREGA in a village is the Village Employment Committee (VEC) and is directly accountable for proper implementation of the Sc















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