Shri Azial Hoque vs State Of Meghalaya Represented By on 30 April, 2025

Meghalaya High Court

Shri Azial Hoque vs State Of Meghalaya Represented By on 30 April, 2025

Author: H. S. Thangkhiew

Bench: H. S. Thangkhiew

Serial No. 28-36
Regular List
                    HIGH COURT OF MEGHALAYA
                           AT SHILLONG
WP(C). No. 227 of 2024 with
WP(C). No. 228 of 2024
WP(C). No. 229 of 2024
WP(C). No. 230 of 2024
WP(C). No. 231 of 2024
WP(C). No. 233 of 2024
WP(C). No. 234 of 2024
WP(C). No. 235 of 2024
WP(C). No. 236 of 2024
                                   Date of Decision: 30.04.2025
Shri Azial Hoque
Shri Bashirul Islam
Shri Rahul D. Sangma
Shri Mozibor Rahman
Shri Abdul Azad Sheikh
Shri Izazul Islam
Shri Sofior Rahman
Shri Sajiul Islam
Shri Johirul Islam                          .... Petitioner(s)

     Versus

1. State of Meghalaya represented by
   The Commissioner & Secretary to the
   Government of Meghalaya, Community & Rural
   Development Department, Shillong, Meghalaya

2. The Mission Director,
   State Rural Employment Society (SRES),
   Shillong, Meghalaya

3. The Deputy Commissioner & District Programme
   Coordinator, (MGNREGS),
   West Garo Hills, Tura



                                                        Page 1 of 4
 4. The Project Director,
   District Rural Development Agency (DRDA), Tura
   West Garo Hills, Meghalaya

5. The Block Development Officer, (BDO) & Programme
   Officer, (MGNREGS), Selsella C&RD Block,
   West Garo Hills, Meghalaya.                 ... Respondent(s)

Coram:

Hon’ble Mr. Justice H. S. Thangkhiew, Judge

Appearance:

For the Petitioner(s) : Mr. S.K. Hassan, Adv. With
Ms. M. Rahman, Adv.

For the Respondent(s) : Mr. R. Gurung, GA with
Ms. A. Chettri, Adv.

i) Whether approved for reporting in Yes/No
Law journals etc:

ii) Whether approved for publication Yes/No
in press:

(ORAL)

1. The common prayer in this batch of writ petitions is with

regard to the non-holding of elections to the respective Village

Employment Councils (VECs), which is mandated by the Act and Rules.

2. It is submitted by Mr. S.K. Hassan, learned counsel for the

petitioners that all the said VECs herein, which fall under the Selsella

C&RD Block, West Garo Hill, Tura for the reasons of the bifurcation or

relocation of Villages on the creation of new C&RD Blocks, the matter

of holding elections to new VECs has been delayed. It is further

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submitted that this prolonged delay is inexcusable, inasmuch as, as far

back as in 2023 orders, from the State respondents itself, it has been

directed that the bifurcation from the existing Blocks, be completed at

the earliest. It is submitted that the petitioners have been compelled to

approach this Court in view of the inaction of the State respondents, in

this regard.

3. Mr. R. Gurung, learned counsel GA for the State respondents

has not denied that the situation is not as stated by the writ petitioners.

He only submits that in view of the fact that there are 9 newly created

C&RD Blocks, which are bifurcated from the existing Blocks, time is

required for shifting the Villages from the parent Blocks to the new

Blocks, as this involves clearing of pending liabilities, such as wages,

both skilled, semi-skilled, materials, physical completion of all ongoing

works and also Geo-tagging of pending assets. He submits that the delay

has not been caused deliberately but the fact that the process requires

time. In this connection, the learned GA has referred to a communication

dated 08.06.2023 annexed as Annexure-I, to the affidavit. He prays that

the State respondents be allowed 2(two) months’ time to complete the

process, and conduct elections.

4. I have heard learned counsel for the parties.

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5. As submitted by the learned counsel for the petitioners, the

prayer in all these writ petitions is limited only to the re-constitution of

the VECs, by way of fresh elections as mandated by the Act and Rules.

A perusal of the communication as referred to by the learned GA shows

that the communication had been issued as far back as on 08.06.2023,

and the directions contained therein, are that the above activities was to

be completed on a priority basis, for all the affected VECs.

6. In this view of the matter as much time as passed since the

issuance of the said letter, this Court directs that for those Villages for

which bifurcation and other formalities have been completed, the

concerned respondents shall conduct elections as expeditiously as

possible, and for the other Villages for which these prerequisites have

not been completed, 2(two) months’ time is allowed, to complete the

formalities and to conduct elections.

7. It is ordered accordingly.

8. It is expected that the respondents shall comply faithfully

with these directions.

9. These writ petitions stand closed and are accordingly

disposed of.

JUDGE
Meghalaya
30.04.2025
“V. Lyndem-PS”

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