Shri Saiful Islam vs The State Of Meghalaya Represented By on 24 March, 2026

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    Meghalaya High Court

    Shri Saiful Islam vs The State Of Meghalaya Represented By on 24 March, 2026

    Author: H. S. Thangkhiew

    Bench: H. S. Thangkhiew

                                                             2026:MLHC:265
    
    
    
    
    Serial No. 30
    Regular List
                      HIGH COURT OF MEGHALAYA
                            AT SHILLONG
    WP(C) No. 308 of 2025
                                    Date of Decision: 24.03.2026
    
    1. Shri Saiful Islam
    2. Shri Raziul Islam                          ... Petitioner(s)
           Versus
    1. The State of Meghalaya represented by
       The Commissioner and Secretary, Community & Rural Development,
       Government of Meghalaya, Shillong
    
    2. Additional Mission Director,
       State Rural Employment Society, Meghalaya, Shillong
    
    3. The Deputy Commissioner and District Programme
       Co-coordinator MGNREGS Tura
    
    4. The BDO and Programme Officer MGNREGS
       Demdema C&RD Block, West Garo Hills.
    
    5. Smti Bobita Begum,
       R/o Rajpur Village, PO Bhaitbari,
       P.S. Phulbari, West Garo Hills District,
       Meghalaya (President of Raipur Muslim VEC)
    
    6. Smti Smti Shahida Begum
       R/o Rajpur Village, PO Bhaitbari,
       P.S. Phulbari, West Garo Hills District,
       Meghalaya (Secretary of Raipur Muslim VEC)
    
    7. Smti Mokleza Begum
       R/o Rajpur Village, PO Bhaitbari,
       P.S. Phulbari, West Garo Hills District,
       Meghalaya (Women Member of Raipur Muslim VEC)
                                                ... Respondent(s)
    
    
                                                                 Page 1 of 5
                                                                  2026:MLHC:265
    
    
    
    
    __________________________________________________________
    Coram:
                Hon'ble Mr. Justice H. S. Thangkhiew, Judge
    
    
    Appearance:
    For the Petitioner(s)       :    Mr. P.T. Sangma, Adv.
    
    For the Respondent(s)       :    Mrs. N.G. Shylla, Sr. GA with
                                     Mr. J.N. Rynjah, GA (For R 1-4)
                                     Mr. S.K. Hassan, Adv. (For R 5-7)
    
    i)    Whether approved for reporting in                    Yes/No
          Law journals etc:
    
    ii)   Whether approved for publication                     Yes/No
          in press:
                 JUDGMENT AND ORDER (ORAL)

    1. The petitioners who are stated to be the job card holders of

    Rajpur Muslim VEC, Demdema C&RD Block, West Garo Hills are before

    SPONSORED

    this Court complaining that with regard to the last elections to the VEC

    there was no notice scheduling the same, and that the election was not fair

    and transparent as, the same was by selection by the raising of hands.

    2. Mr. P.T. Sangma, learned counsel for the petitioners has

    submitted that with regard to the conduct of elections and tenure of a VEC,

    the respondents are required to hold elections for a VEC, which has a term

    of 3(three) years by due election process involving all job card holders. In

    the present case, he submits the approval was granted to the Rajpur VEC

    Page 2 of 5
    2026:MLHC:265

    vide order dated 10.12.2024, wherein it is recorded that the members who

    were selected as new VEC Committee Members was by hand raising in a

    meeting. He therefore, submits that there being no notice about the

    elections or selections and that the elections procedure being adopted

    doubtful, the current VEC is liable to be dissolved and fresh elections be

    called for.

    3. Mrs. N.G. Shylla, learned Sr. GA for the respondents Nos. 1

    to 4, submits that the writ petition is without any substance, inasmuch as,

    due elections were conducted, and that the approval dated 10.12.2024, was

    as per procedure. It is further submitted that the writ petitioners instead of

    airing their grievances by way of a complaint before the BDO, have

    directly approached this Court to seek directions for fresh elections, which

    is untenable. It is also contended that there are no guidelines to make it

    mandatory for elections to a VEC, to be conducted in a specific manner,

    but what is necessary is that genuine job card holders are to elect or select

    a VEC.

    4. Mr. S.K. Hassan, learned counsel for the respondents Nos. 5,

    6 & 7, who are the current office bearers/functionaries of the new VEC,

    has submitted that there has been no mention of the impugned order dated

    10.12.2024 in the Cause Title to the writ petition, but the same appears

    only in the prayer. He also submits that the writ petition suffers from mis-

    Page 3 of 5

    2026:MLHC:265

    joiner and non-joinder of necessary parties, inasmuch as, the members of

    Village Monitoring Committee, which oversee the functions of the VEC,

    were also not arrayed as parties. He further submits that the selection of

    the VEC was with due process, and arrived at a Gram Sabha meeting,

    whereby the new VEC members were elected by consensus, by the raising

    of hands. He therefore, submits that no interference is called for and the

    writ petition is liable to be dismissed.

    5. On hearing the learned counsel for the parties and on a bare

    perusal of the materials, it is noted that the current VEC of Rajpur has

    obtained its approval since 10.12.2024, and as per the submissions is

    functioning till date. The submission of the learned Sr. GA is noted that

    the writ petitioners though job card holders had never approached the

    BDO at any point of time, with regard to any complaint against the said

    elections.

    6. Therefore, in these circumstances, it is difficult to ascertain as

    to whether the complaint of the writ petitioners is founded on any

    substantial materials, inasmuch as, in the usual course on a complaint

    being made, the BDO concerned, would conduct an enquiry as to the

    veracity of a complaint made by aggrieved persons.

    7. The only fact that deserves attention is that there was no notice

    or schedule with regard to the holding of meeting of the job card holders

    Page 4 of 5
    2026:MLHC:265

    to select the VEC, and it appears that the same was arrived at a meeting of

    Gram Sabha held on 03.11.2024, and the selection was also by the raising

    of hands of the job card holders.

    8. Be that as it may, though no ground for interference has been

    made out, it is expected that the BDO, MGNREGS, at least for the sake

    of transparency should ensure that notice is circulated before a meeting is

    held for selection of a VEC to enable participation of all job card holders,,

    and further that the manner of elections or selections should be transparent

    and recorded to avoid future disputes.

    9. The writ petition on these observations is closed and

    accordingly disposed of.

    JUDGE

    Meghalaya
    24.03.2026
    “V. Lyndem-PS”

    Signature Not Verified Page 5 of 5
    Digitally signed by
    VALENTINO LYNDEM
    Date: 2026.03.24 18:39:26 IST



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