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Judgment
By way of the present petition under Article-226 of the Constitution of India, the petitioners prayed that the respondents No. 2 and 3 be
directed to take for holding election of the Village Employment Council (VEC) to the Lower Nolbari II, Maulakandi, Selsella, West Garo Hills,
Meghalaya.
The case of the petitioners is that the petitioners are the Job Card holders issued under the Mahatma Gandhi National Rural Employment
Guarantee Scheme, (MGNREGS), Meghalaya. It is also stated that the term of the VEC is for three years as per Sub-Section (1) of Section (4)
of the Meghalaya Rural Employment Guarantee Act, 2006 which was amended vide Notification dated 23rd March, 2010 issued by the
Government of Meghalaya. It is also stated that the last election of the VEC was held on 5th August, 2013 and the term of the VEC has expired
but the respondents No. 2 and 3 are not holding election.
The matter was taken up on 08.03.2017 and learned Government Advocate had pointed out that constitution of the VEC of Lower Nolbari II,
Maulakandi, Selsella, West Garo Hills was completed only on 08th August, 2014 after re-election of the Women Member, and, therefore, the
term of this VEC would come to an end only on 07th August, 2017 and not before. Learned Government Advocate had placed on record order
No. SEL. APPT. 125/NREGS/ORDER/2014/239, dated 08th August, 2014 issued by the BDO & Programme Officer, MGNREGS, Selsella C
& RD Block, West Garo Hills.
Learned counsel for the petitioners has filed additional affidavit to bring on record certain factual aspects. In the additional affidavit, the
petitioners have stated that the petitioners had moved an application under R.T.I. Act but the same is not replied by the respondents.
Learned counsel for the petitioners submits that no notice was issued to the villagers before holding the election on 2nd August, 2014 as alleged
by the respondents and therefore, elections are illegal.
At this stage, Ms. S. Bhattacharjee, learned counsel for the petitioners submits that she may be permitted to withdraw the present petition with
the liberty to file fresh petition challenging the election alleged to have been held on 2nd August, 2014. Learned counsel for petitioners has also
moved an application for withdrawal of the present petition. The learned counsel for respondents has no objection to the prayer so made by the
learned counsel for petitioner.
In view of the facts and circumstances of the case and submission made by learned counsel for petitioner as well as the application filed on
behalf of the petitioners today, the present petition is dismissed as withdrawn with the liberty as prayed.