Mail News Service
Imphal, Jan 23: Today, the Gauhati High Court, Imphal Bench has issued a Notice of Motion against the Respondents, which is made returnable on 14th February 2012, in connection with a Writ Petition filed by three RTI activists from Top Dusara Mayai Leikai, Imphal East District for misappropriation of fund released exclusively under Twelve Finance Commission Award, Thirteen Finance Commission Award and State Finance Commission Award for taking up developmental programmes such as construction of crematoriums, community halls, construction/renovation of public ponds, market shed, improvement of public toilet etc. in and around Top Dusara Gram Panchayat area.
The Gauhati High Court, Imphal Bench headed by Mr. Justice Tayenjam Nandakumar Singh has issued the notice of motion
following a Writ Petition jointly filed by Keisham Ongbi Ibeton Devi, Smt. Langoljam Ongbi Romita Devi, Keisham Ongbi Prabha Devi and Laikhuram Ongbi Nirmala Devi of Top Dusara Mayai Leikai, Imphal East District.
Meihoubam Rakesh, Advocate appeared for the Petitioner and he contended that on 26th May 2011, the State Public Information Officer (SPIO)/Block Development Officer, Imphal East – II CD Block, Manipur has provided certain information regarding the work programmes taken up under the awards of Twelve Finance Commission Award, Thirteen Finance Commissions and State Finance Commission Award in response to the application filed by one of the Petitioners under the Right to Information Act, 2005.
The said information reveals that various work programmes meant for rural development of Top Dusara Gram Panchayat are not actually implemented/ executed after withdrawal the funds released for the purpose by the functionaries of Top Dusara Gram Panchayat.
Thereafter, the Petitioners have conducted a fact finding inspection/survey by visiting the spots where the development programmes are said to have been taken up.
During their survey/inspection they found various shortcomings and complete failure on the part of the Panchayat to execute the work.
And as such the Petitioners have approached the authority of the Panchayat to rectify their defects and shortcomings so as to have effective implementation of the developmental programmes. But the Panchayat’s authority refused to listen to the proposal made by the Petitioners. Having no other alternatives, the Petitioners have submitted a representation dated 14th September 2011 addressed to the Principal secretary/Commissioner, Rural Development and Panchayati Raj, Government of Manipur on the basis of the findings of their inspection/survey.
This time also the authority concerned failed to dispose of the said representation without assigning any reason.
It is also contended that any action or order of any statutory or public authority bereft of reasoning would be arbitrary, unfair and unjust violating article 14 of the Constitution of India. Hence, non disposal of the Petitioners’ representation by the public authority is a positive act of omission, an arbitrary, unfair and unjustified decision of the public authority, not to dispose of or not to make a reply, thereby frustrating the Petitioners’ fundamental right enshrined under article 14 of the Constitution of India.
The Respondents listed in the petition include (1) the State of Manipur through Principal Secretary/Commissioner (RD&PR) to the Government of Manipur, (2) the Executive Director, District Rural Development Agency, Imphal East District, (3) the Block Development Officer, Imphal East- II CD Block and (4) the Top Dusara Gram Panchayat, Imphal East-11 CD Block, Imphal East District, Manipur.
The present Writ Petition is being filed at the active initiative of Human Rights Law Network (Manipur).
Read more / Original news source: http://manipur-mail.com/high-court-issues-notice-on-work-programmes-taken-up-by-rd/
