If There Are No Specific Allegations In Petition, Can't Allow It To Be Supplied Through Rejoinders: Rajasthan High Court

A division bench of Acting Chief Justice Manindra Mohan Shrivastava and Justice Madan Gopal Vyas, observed,

"After going through the petition, we find that though there are allegations made in the petition, there is no prima facie material along with the petition to sustain the allegations of the petitioners."

In the present matter, a writ petition seeking to espouse public cause was filed by the petitioners making certain allegations that works under MGNREGA have not been done as per the claim of the authorities and without proper work either having been completed or fully done, various bills have been raised and public fund has been siphoned.

Refusing petitioners' prayer to place on record various materials to sustain his allegations by way of filing rejoinder, the court opined,

"If there are no specific allegations contained in the petition, it cannot be allowed to be supplied by way of rejoinder as that is not the scope of rejoinder."

The court however granted liberty to the petitioners to file a properly constituted petition to demonstrate by clinching material, sustaining allegations of either work done, not done or not fully done, yet payments made under the MGNREGA scheme of the Government.

The respondents, in their reply, submitted that subsequent to filing of the petition, an enquiry on the complaints as made in the petition was carried out but complaints were found to be frivolous, baseless and politically motivated. In their reply, respondents also placed a copy of the order of the Divisional Commissioner, Jodhpur dated 08.03.2019, which indicated that the enquiry was made after filing of the petition.

In this regard, the bench observed,

"Considering that the matter has now been enquired and order has been passed, we are not inclined to proceed further in the matter. It would, however, be open for the petitioners to file a properly constituted petition to demonstrate by clinching material sustaining allegations of either work done, not done or not fully done, yet payments made under the MGNREGA scheme of the Government."

The plea was accordingly disposed of.

Case Title: Sawai Singh Sodha & Anr. v. State of Rajasthan

Citation: 2022 LiveLaw (Raj) 89