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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, C.J., BASANT BALAJI
Adv. George Pulikuthiyil, (Former Ombudsman, Mgnrega, S/o. Ulahannan Pulikuthiyil – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Nitin Jamdar, C.J.
This petition, filed in public interest, seeks to emphasise the need to strengthen the social audit mechanism under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, and calls upon the State of Kerala to take proactive measures in that regard.
2. The Petitioner, being one of the first Ombudsman of the Mahatma Gandhi National Rural Employment Guarantee Act Kerala State Mission, asserts that he has first-hand knowledge of the vulnerabilities and lacunae in the implementation of the Mahatma Gandhi National Rural Employment Guarantee Schemes in the State of Kerala and from his experience, he claims that the process of Social Audit of the Schemes is always being undermined by the State by inclusion of those who are not qualified and by those connected with the implementation of the Scheme, nullifying the object of independent Social Audit.
3. The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (Act of 2005) was enacted to improve livelihood security in rural areas. The earlier schemes did not guarantee employment on demand and had a limited reach. The Act of 2005 provides for the establishment of a Central Employment Guarantee Counc
The independence of the social audit mechanism under the Mahatma Gandhi NREGA must be preserved, prohibiting members of the Employment Guarantee Council from serving on the Social Audit Society to en....
The main legal point established is that when there is a specific remedy provided under a statute governing the disputes raised before a court of law, no party can be allowed to choose an alternative....
The court upheld that a member requesting a re-audit must bear the associated fees, affirming the society's autonomy and the validity of the Circular limiting re-audit to five years.
Effective implementation of the Juvenile Justice (Care and Protection of Children) Act is essential for child welfare, requiring proactive judicial oversight and accountability from state authorities....
The concept of Social Audit under the Act and Rules 2015 provides for the concerned official functionary to respond and give explanation and clarification before any decision for recovery of misappro....
The Registrar has the discretion to order an inquiry into the affairs of a society based on a complaint by a non-member, as per the provisions of the Maharashtra Cooperative Societies Act 1960.
An inspection order under the Telangana Cooperative Societies Act must be founded on justifiable grounds within the order itself, not influenced by external parties.
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