COVID-19: Congress, Jignesh Mevani Move Gujarat High Court Seeking Health Care Facilities, Permission To Use Entire MLA Fund

Notably, two separate applications have been filed (raising different prayers) before the Gujarat High Court in Writ Petition [P.I.L] No. 53 of 2021 through Advocate Anand Yagnik.

While one application has been filed by Mevani, the second application has been moved by President of Gujarat Pradesh Congress Committee, Amit Ajitbhai Chavda (also MLA, Anklav Constituency) & Leader of the opposition, Gujarat Legislative Assembly, Pareshkumar Dhirajlal Dhanani (also MLA, Amreli Constituency).

MLA fund

In the state of Gujarat, every MLA has been allocated funds to be utilized in his constituency for the welfare of the people.

An MLA has to recommend a public work for which fund may be utilized by the District Administration after following necessary procedure and protocol, as contemplated in the Rules and Regulations, meant for utilization for MLA funds.

Mevani's application

Mevani has, in his application, stated that Vadgam Constituency has primary health centres and community health centres, however, covid treatment is not possible because oxygen, ventilators and necessary injections are not available.

He has also been averred that there is no private hospital in the constituency of the applicant where oxygen and ventilators are available there is no hospital in his entire constituency which can provide effective covid treatment with oxygen, ventilator and other logistics, medical equipment, drugs and medicines

Mevani has further stated,

"If the funds meant for the applicant as an MLA are utilized towards setting up an oxygen plant with the help of competent and suitable agency, and if primary and community health centres are equipped with ventilators and other necessary medical logistics and equipment, besides the oxygen, the constituency of the applicant will have an effective corona hospital."

Prayers in the application

• Direct respondents to set up an oxygen plant in the Vagdam constituency at a strategic location, and provide ventilators and ensure other necessary medical logistics including Remdesivir Injections and Tocilizumab Injection with the MLA Funds meant for the applicant to the primary health centres and community health centres and to allow them to operate as effective corona hospitals;
• In the alternative, allow the applicant to suggest a competent and suitable agency with the necessary experience to set up an oxygen plant and be further pleased to direct respondents and concerned District Administration to directly pay from the MLA funds meant for the applicant and ensure setting up of an oxygen plant within the stipulated period of time to cater to the needs of corona patients;
• Give a direction to respondents and particularly District administration of District Banaskantha to purchase oxygen concentrators/oxygen machines and to provide to primary health centres as well as community health centres in the constituency of the applicant spending money from out of MLA funds meant for the applicant till the time the oxygen plant is set up.

Application filed by the Congress party

The Congress leadership has moved the application on behalf of its 65 MLAs and their application seeks direction to the State of Gujarat to permit all MLAs to utilize the entire amount of Rs. 01.50 Crore in their own constituency.

The application prays for a direction to the respondents to allow 65 MLAs to utilize the entire amount of MLA Fund to the tune of Rs. 01.50 crore (each) per constituency for the accounting year 2021-22 for purchase of and setting up of health and medical infrastructure, equipment and other medical items stated in para.