Kolkata: The Calcutta excessive court docket directed on Wednesday that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme should be resumed in West Bengal from August 1 however allowed the Centre to impose situations and restrictions within the state in view of the allegations of economic irregularities in disbursement of central funds, legal professionals who attended the listening to mentioned. The Calcutta excessive court docket. (File Photo) The order was handed by the division bench of chief justice TS Sivagnanam and justice Chaitali Chatterjee (Das) after a collection of hearings on a petition the Paschim Banga Khet Mazdoor Samity, a farmers’ physique, filed final 12 months in opposition to the Union authorities, difficult the non-payment of dues to every day wage labourers over allegations of embezzlement of funds. West Bengal acquired ₹7,507.80 crore in 2021-22 below MGNREGA however has not acquired any central fund since then. During the listening to, the chief justice mentioned: “All these allegations are from before 2022. You do whatever you want but implement the scheme.” According to legal professionals, the chief justice mentioned: “The scheme does not envisage a situation where it would be put to cold storage for eternity. The central government has sufficient means to inquire into the irregularity in disbursement of wages. However, a line can be drawn between past actions and future steps to be taken for implementation.” Allowing the Centre to proceed with its enquiry, the court docket ordered that the scheme needs to be carried out in Bengal from August 1. The written order was not launched by the excessive court docket until the submitting of this report. Suspension of the Centre’s share (60%) of MGNREGA funds has been a serious political situation in Bengal since 2022 with the ruling Trinamool Congress commonly accusing the Bharatiya Janata Party of selectively depriving the poor within the state. TMC leaders and MPs have held demonstrations in Delhi as effectively. The Union ministry of rural growth stopped the MGNREGA funds on December 24, 2021 with out citing any cause, Amit Mitra, principal chief advisor to the chief minister, mentioned in October 2023. Mitra mentioned the Centre despatched a letter to the state on March 9, 2022, saying the motion was taken below Section 27 of MGNREGA. Section 27 says: “The central government may, on receipt of any complaint regarding the issue or improper utilisation of funds granted under this Act in respect of any scheme if prima facie satisfied that there is a case, cause an investigation into the complaint made by any agency designated by it and if necessary, order stoppage of release of funds to the scheme and institute appropriate remedial measures for its proper implementation within a reasonable period of time.” In December 2023, chief minister Mamata Banerjee alleged that BJP-ruled Uttar Pradesh and Madhya Pradesh topped the listing of states the place faux job playing cards for the scheme had been cancelled. On January 30, 2024, Banerjee introduced that she would proceed with the scheme with the state’s 40% contribution to the funds. “If we cannot provide the guaranteed 100 days of work because of the Centre, we will provide 40 days of employment with our funds,” she mentioned on that day. On February 2, 2024, the Enforcement Directorate (ED) carried out its first raids in Bengal to probe the alleged irregularities. The Trinamool Congress (TMC) referred to as the raids “politically motivated.” On February 3, 2024, Mamata Banerjee wrote a letter to Prime Minister Narendra Modi refuting a Comptroller and Auditor General (CAG) of India report on delay in submission of utilisation certificates for numerous central schemes. Calling it a “false propaganda,” she mentioned her authorities submitted all utilisation certificates to the respective Union ministries on time. In July 2024, Banerjee alleged that she was stopped from talking on the Niti Ayog assembly when she tried to boost a number of points together with suspension of MGNREGA funds. After the excessive court docket handed its order on Wednesday, Banerjee mentioned: “The Centre sought 156 clarifications and we answered them all. We welcome the judgement but our government will review it because we will first ask for the arrears (central funds) pending over four years. Beneficiaries who had put in labour should be paid in full. When our MPs and MLAs went to Delhi to demand these funds, police cases were registered against them. Have you forgotten that?” The Bharatiya Janata Party (BJP) justified the suspension of funds saying the Centre is answerable to the folks. Bengal BJP’s chief spokesperson Samik Bhattacharya mentioned: “We, too, want the scheme to start. The high court has allowed the Centre to continue with the investigations and impose regulations because it is a fact that funds were embezzled. The Centre is answerable to taxpayers and the CAG.”
