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Refusing to interfere in Centre’s MGNREGA policy, HC dismisses PIL

-The Indian Express

Allahabad: The Allahabad High Court has dismissed a PIL seeking its directions to the authorities concerned for release of funds to a particular kshetra panchayat under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

The court said that it would not like to enter into something that was a policy matter and also because there have been several complaints of alleged misuse of money under the MGNREGA.

The PIL was filed by Shesh Nath Nayak, a member of the Kshetra Panchayat Kishunpur in Pauli block of Sant Kabir Nagar district. Its main demand was that the High Court should direct the principal secretary, Rural Development, MGNREGA, to release funds for works under MGNREGA for the year 2010-11 in Kishunpur Kshetra Panchayat, which had not been done so far.

Dismissing the petition on Friday, a division bench of Chief Justice Shiva Kirti Singh and Justice Dilip Gupta, said: “There is no statutory right for any person to claim fund for a scheme, which is under a policy decision of a government. This court would not like to involve itself with release of funds under any scheme of MGNREGA, even if the petitioner is actuated by public interest in filing this PIL.

Reportedly, large number of irregularities have taken place in many schemes under MGNREGA and, hence, it is not proper for this court to involve itself with such schemes. The writ petition is, therefore, dismissed.”

Earlier, the petitioner had argued that since the Centre had started a scheme of MGNREGA, therefore the authorities concerned can be forced to complete the scheme.