The Meghalaya High Court has rejected the plea by Mendipathar MLA Marthon Sangma for an inquiry by the Lokayukta into the alleged irregularities in the implementation of different schemes under SRWP 2012-2013, and also against the then Block Development Officer (BDO) who is also alleged had fraudulently released the installment amounting to Rs 11,75,000 without following the due process of law.
Sangma had moved the High Court after the Chairperson of Meghalaya Lokayukta passed an order on June 13, 2023 rejecting his complaint. The Lokayukta cited Section 53 of the Meghalaya Lokayukta Act, 2014, which mandates that, the Lokayukta shall not inquire or investigate into any complaint, if the complaint is made after the expiry of a period of seven years from the date of which the offence mentioned in such complaint is alleged to have been committed.
In a judgement delivered today, Justice Harmarsan Sing Thangkhiew said that Section 53 of the Meghalaya Lokayukta Act expressly shows that the Lokayukta shall not inquire or investigate into any complaint, if the complaint is made after the expiry of a period of seven years from the date of commission of the offence.
Justice Thangkhiew also stated that the Meghalaya Lokayukta Act, 2014 is a special statute, and the provisions of the Act do not provide for the application of the Limitation Act.
“The Meghalaya Lokayukta Act, 2014 therefore, having not provided for the application of the Limitation Act, and the complaint being hopelessly delayed, no case has been made out for interference with the impugned order, and this writ petition accordingly stands dismissed,” Justice Thangkhiew said in his order.
