CAG files affidavit calling plea against audit of Ajmer Dargah's accounts misconceived, without merit

New Delhi [India], May 1 (ANI): The Comptroller and Auditor General (CAG) has filed an affidavit">affidavit in a plea challenging the proposal for auditing the accounts of Khadim's Society at Ajmer Sharif Dargah, calling the petition misconceived and without merit.
This affidavit">affidavit has been filed in response to a plea challenging the order of the CAG for the audit of the account of the society at Ajmer Sharif Dargah.
Justice Sachin Datta took the affidavit">affidavit on record and granted the petitioner time to file a rejoinder.
The Delhi High Court is hearing a petition challenging the CAG's order for an audit of the accounts of Ajmer Sharif Dargah for the financial years 2022-23 to 2026-27.
This petition has been submitted by Anjuman Moinia Fakhria Chistiya Khuddam Khwaja Sahib Syed Zagdan Dargah Sharif, Ajmer, through advocate Ashish Singh.
The petitioner society had filed a petition challenging the decision of March 15, 2024, by the Ministry of Minority Affairs to conduct the audit.
However, the Ministry of Finance issued a communication on January 30, 2025, and entrusted the Audit to the CAG, the plea stated.
A petition seeking a direction not to conduct an audit of the petitioner society is contrary
to the provisions of the Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971 and the Societies Registration Act, 1860.
It is stated that the present writ petition is misconceived, misplaced, and without merit, as the petitioner has already preferred two separate actions before this Court against the audit, and no fresh cause of action has arisen for the filing of the present writ.
The affidavit">affidavit emphasised that no order has been impugned in the present petition, and the petition has only been filed to obtain an interim order for a stay of the audit, as the Court did not grant any interim relief in the previous litigation.
It is further stated that section 20 of the Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971, provides for 'Audit of accounts of certain authorities and bodies to undertake the audit of the accounts of certain authorities or bodies or authorities, the section provides that if requested by the President or Governor of a State or the Administrator of a Union territory, the CAG can undertake the audit of the account of such body or authority which has not been entrusted to the CAG by a legislative Act.
It is also stated in the affidavit">affidavit that the Director General of Audit (Central), Ahmedabad, Branch Office Rajasthan, Jaipur, which is a part of the CAG of India, New Delhi conducts both Financial and Compliance audit of Dargah Khawaja Saheb, Ajmer for which said office receives re-entrustment from the Ministry of Finance.
It is also submitted that the latest re-entrustment of the audit of accounts of Dargah Khwaja Saheb, Ajmer, to the Comptroller and Auditor General of India covers the period from 2023-24 to 2027-28 under Section 20 (1) of the CAG's DPC Act, 1971.
It is further submitted that apart from the statement that provisions of the CAG's (Duties, Powers and Conditions of Service) Act, 1971, have not been followed, the petitioner has failed to point out what the alleged infirmity was in the procedure adopted by the respondents.
The only ground mentioned in the petition is that presidential authorisation was required, but it was not given to the respondent. It is pertinent to mention here that the presidential authorisation has been received, and the same was duly informed to the respondent herein by the Ministry of Finance vide letter dated January 30, 2025, as stated in the affidavit">affidavit. (ANI)