Gujarat High Court dismisses PIL seeking action against respondents for misappropriation of MGNREGA funds

The Gujarat High Court dismissed a Public Interest Litigation (PIL) filed seeking for a direction to the Respondent to take action against the private Respondent for misappropriateion of MGNREGA funds alloted to Deroli Group Gram Panchayat in the year 2017 to 2022 and registered First Information Report against the private Respondent  at the police station concerned.

The contention in the  petition is that the Respondent No, 7 has been Sarpanch of Deroli Group Gram Panchayat from the year 2016 to 2021 and at present, he is discharging the duties of Deputy Sarpanch of the said Group Gram Panchayat. Sofar as Repondent No. 8 is concerned, he is the husband of the Respondent no. 7, Sarpanch and sitting Deputy Sarpanch of the Group Gram Panchayat, has been impleaded on the assertion that the misappropriation of funds was the joint action of the Respondent Nos. 7 and 8.

Having noted the averments made in the petition by Order dated 29.02.2023, the Court have directed the Assistant Government Pleader to bring on record the mechanism for disposal of complaints pertaining to the misappropriation of MGNREGA funds or removal of Sarpanch and Deputy Sarpanch by holding them guilty of misappropriation in discharging their duties. 

It was noted by the Court that under the provisions of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA), the State Government has to provide an appropriate grievance redressal mechanism, both at the block level and the district level by framing rules under Section 274 of the Gujarat Panchayat Act, 1993, the State Government has to make rules by a notification for carrying out the purposes of the Act, to take action against the Sarpanch or Upa-Sarpanch of the Gram Panchayat, who is found guilty of misconduct in discharge of his duties etc.   

Hetal Patel,  AGP has placed a copy of the rules framed under Section 32 of the National Rural Employment Guarantee Act 2005 before us, which are Gujarat State Employment Guarantee Rules, 2008, which provide for a grievance redressal mechanism in Rule ‘5’ and ‘6” containing redressal for disposal of complaints and remedy of appeal to the aggrieved person.   

In view of the above noted provisions of the Gujarat Panchayat Act, 1993, Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and the Gujarat State Employment Guarantee Rules, 2008,  the Division Bench of Chief Justice Sunita Agarwal and  Justice Aniruddha P Mayee is of the considered view that the Public Interest Litigation raising the complaint of misappropriation of public funds by the ex-Sarpanch and sitting Deputy Sarpanch of the Group Gram Panchayat cannot be entertained.   

“It is settled law that the Public Interest Litigation cannot be used as a means to by-pass the statutory remedy for redressal of grievance”, the Court noted.