Tinlianthang Vaiphei, J. - (1.) In this PIL, the petitioners are essentially questioning the legality and propriety of various schemes launched by the State Government under the name of "CM's Special Schemes" for the period 2015 -16, which are (i) "Financial Assistance for construction of one lakh eight hundred Dwelling House for homeless people/minority people @ Rs. 25,000/ - each; (ii) Financial Assistance for 1000 women SHG per LAC (Legislative Assembly Constituency) @ Rs. 5,000/ - each in 126 LAC,; (iii) Financial Assistance for Artisans/Petty Traders at @ Rs. 2520/ -; (iv) Assistance for 200 poor widow per LAC in 126 LAC @ Rs. 10,000/ -; (v) Old Age Pension for one lakh people (not covered under Central Government Old Age Pension Schemes); and (vi) Special Package for Erosion affected families (Rs. 5,000/ - per family and 2 bundles of GCI Sheets); (vii) Financial assistance to small and marginal farmers @ Rs. 5000/ - each for 1000 farmers per LAC and (viii) Mukhiya Mantri Mumai Tamuli Borbarua Krikhok Bandhu Achani with budget allocation of Rs. 6,000 lakhs, on the eve of the election to the Legislative Assembly of Assam.
(2.) For implementation of these schemes, the State -respondents have decided to constitute, and have, in fact, constituted LAC Level Beneficiary Selection Committees and District Level Selection Committee with political and non -political members. These Committees have prepared the list of beneficiaries at the LAC level, which are yet to be finally approved by the State Government. According to the petitioners, while launching these schemes, the State -respondents do not lay down adequate guidelines, criteria, parameters and modalities for implementation and selection of beneficiaries against each scheme. As a result, allege the petitioners, the Selection Committee, which have been given the upper hand, have prepared the list of beneficiaries as per their whims and fancies keeping their political interest in mind thereby enabling undeserving persons, who are affiliated to such political parties, to enjoy the benefits leaving out the needy poor and down -trodden ones high and dry. Further all political parties having positions in the Committees are utilizing the schemes to further their electoral prospect by providing benefits to their favoured ones. There is thus an urgent need for laying down proper and adequate guidelines/criteria/modalities/parameters for selection of these beneficiaries so that only deserving people receive the benefits without any political interference at the time of the selection. The reliefs claimed in the PIL are: to issue a writ of mandamus directing the respondent authorities to frame proper and effective guidelines/parameters/criteria for implementation of the Chief Minister's Special Scheme referred to earlier; (2) to constitute a selection committee with non -political members; (3) for directing the respondent authorities not to proceed with the implementation of the scheme without laying down the criteria for selection of the beneficiaries.
(3.) Opposing the PIL, the State -respondents in their affidavit have raised a preliminary objection against the maintainability of the PIL on the ground that the same is premature, is filed by a non -registered organization and is also not filed in conformity with the guidelines for entertaining a PIL inasmuch as no inquiry was ever made by them as to the source of knowledge of the facts alleged by them in the PIL or of the further enquiries made by them to determine the veracity of the same. Nor does the petitioner No. 2, who is said to be the Organizational Secretary of the petitioner No. 1, place on record any authorization from the petitioner No. 2 to file the PIL. The PIL, submits the respondent authorities, is, therefore, not maintainable and is, therefore, liable to be dismissed at the very threshold. It is stated by the answering respondents that the petitioners are motivated by self -gain and politically inspired and have filed the PIL just to malign the image of the Government. The objection regarding the maintainability of the PIL need not detain us inasmuch as there is substantial compliance with the guidelines for PIL worked out by this Court. According to the petitioners, the eligible intending candidate would apply before the Legislative Assembly Constituency Level Selection Committee, which after verification of the said applications would forward the same for the approval of the District Level Selection Committee, which forwarded the applications to the Director/Commissioner of the concerned Department for onward transmission to the Commissioner/Secretary to the Government of Assam for finalization. The respondents have not received, on record, any complaint from any of the eligible beneficiaries of the said schemes. The petitioners also do not implead such deprived eligible beneficiaries as party respondent in the PIL. The petitioners also do not implead members of the Selection Committee at the State and District level against whom mala fides/unfair practices are alleged though they are necessary parties. The answering respondents deny that any anomalies have occurred in the implementation of the said schemes or that no criteria or guidelines are laid down by them for implementation of the said schemes.;