AKOIJAM SANATOMBA SINGH Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
Akoijam Sanatomba Singh
STATE OF MANIPUR
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KH.NOBIN SINGH,J. -
(1.) Heard Shri M. Hemchandra, learned Senior Advocate appearing for the petitioner in WP(C) No.951 of 2018 and Shri Romendro Sharma, learned Advocate appearing for the petitioner in WP(C) No.962 of 2018; Shri N. Ibotombi, learned Senior Advocate appearing for the private respondents; Shri M. Rarry, learned Addl. Advocate General appearing for the State respondent and Smt. Priyashimala, learned Advocate appearing for the respondent Nos.2 and 3.
(2.) The above two writ petitions have arisen out of a similar set of facts and accordingly, the same are being disposed of by this court by way of a common judgment and order.
(3.) The Thoubal Municipal Council (hereinafter referred to as "the Council"?) is a body constituted under the provisions of the Manipur Municipality Act, 1994 (hereinafter referred to as "the Act, 1994"?) and after the election being held, eighteen persons were elected as the Councilors of the Council vide Notification dated 15-01-2016. After the swearing in of the newly elected Councillors, Shri Th. Shyamo Singh and Shri Kh. Thambal Singh were elected as the Chairperson and Vice-Chairperson of the Council.
3.2. A requisition dated 29-10-2016 was submitted to the Executive Officer of the Council to convene a special meeting of no-confidence motion against Shri Kh. Thambal Singh, the Vice-Chairperson of the Council. On 22-08-2017, the Executive Officer of the Council issued a notice convening a special meeting of no-confidence motion against Shri Kh. Thambal Singh to be held on 01-09-2017 on which fourteen Councillors supported the motion and consequently, the election of the new Vice-Chairperson of the Council was held on 29-09-2017. The present petitioner was elected uncontested as the new Vice-Chairperson of the Council. Upon assuming the office of the Vice-Chairperson, the petitioner has been performing his duties and functions without any blemish.
3.3. To his shock and surprise, nine councilors submitted a requisition dated 05-12-2017 for holding a special meeting of no-confidence motion against the petitioner by making unfounded and baseless allegations that he had filed many cases. Being aggrieved by it, the petitioner approached this court by way a writ petition being WP(C) No.441 of 2018 praying for quashing the requisition dated 05-12-2017. Despite number of opportunities being given to the respondents therein, no counter was filed on their behalf and on 27-07-2018 this Court disposed of the said writ petition with a direction. In compliance with the Court's order, the Executive Officer issued an Office Memorandum dated 06-10-2018 stating that the requisition dated 05-12-2017 was found in order. Being aggrieved by the said O.M. dated 06-10-2018, the instant writ petition being WP(C) No.951 of 2018 was filed by the petitioner on the inter-alia grounds that the said requisition dated 05-12-2018 was not in order as per the provisions of Section 31 of the Act, 1994; that no opportunity of being heard was given to the petitioner before the issuance of the said O.M; that the said O.M was issued without application of mind and in a mechanical manner; that there was no official notice asking the nine councilors to submit their respective affidavits and that the Executive Officer acted unfairly and in a bias manner instead of performing his statutory duty without taking sides. ;
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