P. NENGKHANCHIN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The unsuccessful petitioners in W.P.(C) Nos. 222 and 251 of 2021 are in appeal against the Judgment and Order dtd. 3/9/2021 passed by a learned Judge of this Court, dismissing both the writ petitions.

(2.) The provisions of the Manipur Village Authorities in Hill Areas Act, 1956 (for brevity, 'the Act of 1956 "), fell for consideration in these cases. Broadly, the question that arose was whether the provisions of the Act of 1956 authorize removal of the elected Chairman and the Secretary of a Village Authority from such posts, by way of a resolution passed by the other members of the Village Authority. Steps having been taken by members of the Vengnuam South Village Authority to remove the elected Chairman and the Secretary, viz., respondents No. 4 and 5 in these appeals, this question came into focus. The Government of Manipur however issued a clarification, vide letter dtd. 24/2/2021, that the Act of 1956 did not provide for replacement of the members of the Village Authority and that such members were not to be removed other than under Sec. 8 of the Act of 1956. The Government further stated that the Vengnuam South Village Authority would remain functional under the Chairmanship of respondent No. 4 and Secretary ship of respondent No. 5. Aggrieved by this clarificatory communication, the petitioners filed W.P.(C) No. 222 of 2021. While so, acting upon the aforestated communication dtd. 24/2/2021, the Deputy Commissioner, Churachandpur issued order dtd. 27/2/2021 restoring the Chairmanship and Secretary ship of respondents No. 4 and 5 respectively in Vengnuam South Village Authority. Aggrieved thereby, the petitioners filed W.P.(C) No. 251 of 2021. However, the learned Judge found no merit in these cases and dismissed them. Hence, these appeals.

(3.) Heard Mr. Julius Riamei, learned counsel for the appellants, and Mr. Thoithoi Meitei, learned counsel for the contesting respondents No. 4 and 5.