A division bench of Chief Justice Manjula Chellur and Justice MS Sonak dismissed a Public Interest Litigation filed by Aam Admi Lok Manch. The PIL sought directions from the court to the state government for repealing the Maharashtra Employment Guarantee Act, 1977.
The petitioners contended that since the said legislation which was gazetted on October 3, 1978 for providing employment to unskilled labourers of the rural population should be repealed, keeping in mind that the Mahatma Gandhi National Rural Employment Guarantee Act 2005 provides similar employment opportunities.
According to the petitioner certain guidelines indicate as to how and through whom the funds for implementation of the two legislations can be disbursed to the rural population. However, the funds released from the centre are credited to the consolidated fund of the state. These funds then, as the petition claims, are not made available to the eligible people.
The bench went on to observe- “If there is any diversion of a fund meant for a particular scheme, the details of the same are not all mentioned. All averments in the petition are in general without specifically pointing out to any person or any particular scheme.
Instead of getting benefit under one statute, if citizens of this country are entitled to get two benefits both under the state enactment and the central enactment, we fail to understand in the absence of any repugnancy between the two enactments how we could grant prayers sought in the petition by deleting such a provision or repealing the Maharashtra Employment Guarantee Act of 1977.
By general allegations without ascribing any particular inaction of a particular authority we are afraid that none of the prayers could be entertained. Accordingly, the PIL is dismissed."
Read the order here.
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