'Can't Make Roving Inquiry': Gujarat High Court Dismisses PIL Alleging Misuse Of MNREGA Funds In Dahod

The Gujarat High Court on Monday (August 17) dismissed a PIL alleging misappropriation of funds of Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) in Dahod district, after noting that the plea was seeking a roving inquiry when there were no allegations made against any officer which cannot be permitted. The court further in its order noted the plea was based on research done by the petitioner who was resident of another district claiming to an RTI activist; the court also noted that such an allegation can be probed by the competent authority under the act. A division bench of Chief Justice Sunita Agarwal and Justice Nisha M Thakore in its order dictated:"This is wholly misconceived PIL filed with a prayer to issue directions to the respondents to make roving inquiry on the general allegations made by petitioner in the matter of misappropriation of funds of MNREGA. A perusal of contentions of content of the petition indicates that the petitioner claims to be RTI activist and a press reporter and it is stated that the petitioner is doing business of animal husbandry". The court noted that as per contentions in the plea, the petitioner has claimed to be a public spirited person who has issued legal notices to various government authorities with regard to financial irregularity under MNREGA scheme but no action has been initiated by the respondent authorities. The court noted that the petitioner's contention was that, with respect to alleged financial irregularities in MNREGA scheme, in Dahod district the officer of the commissioner rural development has also directed additional district program co-ordinator cum director via communication dated 28-03-2025 to hold inquiry and submit report in 10 days. The court in its order noted that the petitioner is resident of Banaskantha and had submitted that once he had visited Dahod village, he came to know of misappropriation in MNREGA scheme and upon further inquiry he found about massive financial irregularities being committed in the scheme. "In a vague manner it has been asserted that the panchayat authorities are found working against object of MNREGA and exploiting poor and illiterate workers under the scheme," the court noted. The contention of the petitioner was that upon research he had gathered information about financial irregularities taking place under the scheme in Dahod district, the court noted. It thereafter said:"It is evident that the petitioner who himself is a resident of another district, is asking court to make a roving inquiry upon research made by him about alleged irregularities in implementation of MNREGA scheme in district Dahod. When there are no allegations against any of the officers who is incharge of implementation of MNREGA scheme or any officer of district panchayat or any member of the panchayat who are in charge of implementation of MNREGA scheme, it is not possible for us to make an inquiry which would be nothing but a roving inquiry initiated at the instance of a person who has based this petition on the basis of some research made by him claiming to be an RTI activist""Present petition is nothing but misuse of process of PIL, the purpose of which is to initiate an inquiry into matters of larger public interest. Moreover any allegation of misappropriation of funds can very well be looked into by the competent statutory authorities within the statutory scheme of the MNREGA Act 2005," the court added. The plea was dismissed as misconceived. Case title: KAMLESH GANGABHARTI GOSWAMI v/s STATE OF GUJARAT & ORS.R/WPPIL/40/2025 Citation: 2025 LiveLaw (Guj) 134

'Can't Make Roving Inquiry': Gujarat High Court Dismisses PIL Alleging Misuse Of MNREGA Funds In Dahod

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