MV MURALIDARAN, J. -
(1.) Heard Mr. H.S.Paonam, learned senior counsel for the appellant and Mr. N.Kumarjit, learned Advocate General for the State
respondents and Mr.Julius Riamei, learned counsel for the private
(2.) The appeal has been filed challenging the order dated 29.07.2019 passed in MC (W.P(C) No.186 of 2019 (Ref:- W.P(C) No.1110 of 2018 and it reads as follows:-
" This is an application filed by the private respondents praying for vacation of the interim order passed by this Court on 23.1.2019 directing that the operation of the bank Account No. 0254010370202 of Illeng(Bamreklong) Village Authority in the United Bank of India shall remain suspended and the said order was continued until further order vide this Court's order dated 29.4.2019. The grounds on which the said application has been filed, are interalia that the election of the Illeng Village authority has been held and the private respondents have been declared to be the Chief and the Secretary of the Illeng Village and accordingly, the interim order granted on 23.1.2019 is required to be vacated. The contention of the learned counsel appearing for the petitioner/respondents is that the election has not been held in respect of the Illeng Village and therefore, the petitioner continues to be the Chief of the Village.
On 26.7.2019, when the said application was considered by this Court, it became necessary for this Court to find out as to whether the election of the Illeng Village had been really held or not and accordingly, the Government Advocate was directed to produce the records. In compliance thereof, the file maintained by the Deputy Commissioner, Tamenglong was produced by the learned Government Advocate and on perusal thereof, it is seen from the letter dated 12. 1.2018 addressed to the Deputy Commissioner, Tamenglong by the Sub Divisional Officer, Tamei that election result in respect of 34(thirty four) Villages which was held between 4.1.2018 and 12.1.2018, was submitted with the rider that the election result of 7(seven) villages be submitted later on. In continuation of the said letter dated 12.1.2018, another letter dated 12.2.2018 was addressed to the Deputy Commissioner, Tamenglong by the Sub Divisional Officer Tamei enclosing therewith the result in respect of the 5(five) villages out of the said 7(Seven) villages and from the said letter dated 5.2.2018, it is seen that the result in respect of the left out 2(two) villages was to be submitted later on. On 5.4.2018, the Deputy Commisioner, Tamenglong addressed a letter to the Joint Secretary, Tribal Affairs and Hills, Government of Manipur submitting the results of the election with respect to various villages falling under the sub-divisions namely Tamenlgong, Taosem and Tamei Sub Divisiion. From the said two letters dated 12.1.2018 and 5.2.2018, it is further seen that the election results in respect of the 39(thirty nine) villages were submitted but the notification dated 10.9.2018 filed along with the additional affidavit of the petitioner stated that in respect of the Tamei sub-division, the results in respect of 37(thirty seven) villages were approved and notified. But it is nowhere mentioned in the said notification as regards the results of the Illeng Village.
After having heard the learned counsel appearing for the parties, this Court is of the view that the reason as to why the results in respect of the two villages have not been notified, can be furnished by the government at the time of hearing the writ petition. At this state, it has been submitted by the Shri H.S. Paonam, learned senior counsel appearing for the applicant that although the said notification dated 10.9.2018 was issued by the Government, it is nowhere indicated therein the provisions of law by which the approval was granted by the Government to the declaration of the elected persons in respect of the village authorities. Be that as it may, so far as the present application is concerned, in view of the fact that the result of the said Illeng Village has not been declared for one reason or other which can be ascertained later during the course of the hearing the writ petition, the application is devoid of merit and stands dismissed."
This order was passed on the application filed by the present appellant, who was private respondent in the writ petition declining to vacate the interim order dated 23.01.2019. The appellant/private respondent filed the above application to vacate the interim order dated 23.01.2019 and that order reads as under:-
" Heard Mr.D.Julius Riamei, learned counsel for the petitioners. Issue notice.
Mr. Samarjit, learned GA enters appearance and accepts notice on behalf of the respondents No. 1, 2 and 3.
Petitioner is to take steps for service of notice upon the respondents No. 4, 5 and 6 by speed post within three days from today.
List the matter on 28 th February, 2019.
Till the next returnable date, the operation of the bank Account No. 0254010370202 of Illeng (Bamreklong) Village Authority in the United Bank of India shall remain suspended."
(3.) The prayers of the writ petition are as follows:-
"i) Pass an order or direction by issuing a writ of Mandamus or a writ in the nature of a writ of Mandamus or any other appropriate writ or order or direction as this Hon'ble Court may deemed fit and proper in the facts and circumstances of the case to Respondents to implement all welfare and development schemes, work programs particularly the MGNREGS works and distribution of wages of Illeng (Bamreklong) Village, Tamei Sub-Division, Tamenglong District, Manipur through the Village Authority of Illeng (Bamreklong) Village, Tamei Sub-Division, Tamenglong District, Manipur;
ii) Pass an order directing the Respondents No. 1 and 2 to conduct an enquiry on the illegal transaction and changes of the name account holder of the Illeng (Bamreklong) Village Authority, Tamei Sub-Division, Tamenglong District, Manipur by the Respondents No. 3 in collusion/connivance with the Respondents No. 4, 5 and 6;
iii) Pass an order or direction to Respondents No. 1, 2, 3 and 4 that the Petitioners shall continue to operate the bank account being Account No. Account No. 0254010370202 in the United Bank of India, Imphal Branch until the issue of Chairman of the Illeng (Bamreklong) Village Authority, Tamei Sub- Division, Tamenglong District, Manipur is finally resolved as per the direction dated 08.08.2018 of this Hon'ble Court in WP (C) No. 729" ;