The Supreme Court on Tuesday sought response from the Central and the Bihar governments on a plea of an MP challenging the state government's guidelines for the implementation of the MPLADS saying only the Centre is empowered to frame rules for implementations of the scheme.
A bench of justices DK Jain and R Dave issued notices to the Centre and the state government and directed them to file their replies.
The bench was hearing a plea of Muzaffarpur MP Captain Jai Narayan Prasad Nishad challenging the November 10, 2011, guidelines of state government saying that these were unconstitutional.
"Issue an appropriate Writ/Direction/Order in the nature of Certiorari quashing and holding that the Guidelines dated November 10,2011, for implementation of the is "MPLADS" ultra virus of the Constitution of India," Nishad said in its petition argued by senior advocate Jayant Bhushan Ravi Shankar Kumar.
Nishad said for the scheme under the Central list, only the Centre was empowered to make guidelines for implementation and the state has only role to implement it.
"For the schemes covered under the Central List, the Central Government is only empowered to frame rules for its implementations and the State Executive having no power under Rule of Executive Business to frame Guidelines for the Central Government Schemes under Members of Parliament Local Area Development Scheme (MPLADS)," the petition said.
"Due to the framing of new guidelines the progress of implementation of the 'MPLADS' for 2011-12 is very poor in Bihar, and till December minimal amount had been spent in the garb of new guidelines frames by Bihar, and the development work is badly affected in the under developed state like Bihar and public at large being at the verge of deprivation of basis amenities under the Central government Development Schemes," Nishad said.