CAG report on Saubhagya scheme
Shillong, Feb 28: In a setback to VPP MLA Adelbert Nongrum, the Meghalaya High Court has upheld a ruling of assembly Speaker Thomas A Sangma to disallow the MLA’s special motion regarding a CAG report on Saubhagya scheme.
“…there is nothing unconstitutional or illegal in the functioning of the Speaker which would invite interference by the Court,” stated the order passed by a bench comprising Chief Justice IP Mukerji and Justice W Diengdoh.
The North Shillong MLA’s motion, which deprecated an expenditure of ₹156.14 crore made by Meghalaya Power Distribution Corporation Limited (MePDCL), was disallowed by the Speaker in February last year as it was under consideration of the Public Accounts Committee (PAC).
The special motion was regarding the CAG report on social and economic sectors for the year ending 31st March, 2022.
MePDCL was in awarding contracts under the Saubhagya scheme conceived by the Central government and implemented by the state government through project implementing agency, Saubhagya.
“The motion is premature as the audit report… has to be placed before the Committee of Public Accounts for examination…,” the court said.
“Once the auditor’s report is examined by the Public Accounts Committee, it would certainly give a fresh cause of action to the appellant to present a new special motion, if he is so advised. With the above observations, we affirm the impugned judgment and order and dispose of the appeal accordingly,” the court stated.
The bench, however, said this is for the reason that legislature, under the doctrine of separation of powers, is given the autonomy to conduct its own proceedings.
The court also indicated that the proceedings were not unconstitutional and not wholly beyond the competence of the legislature.
In case a valid motion was not being tabled by the Speaker, the court would have directed him to place the motion before the House, it said.
