LAWS(MANIP)-2022-4-4

OFFICE OF THE LOKAYUKTA MANIPUR Vs. THOKCHOM KAMINIMOHON SINGH

Decided On April 18, 2022
Office Of The Lokayukta Manipur Appellant
V/S
Thokchom Kaminimohon Singh Respondents

JUDGEMENT

(1.) The present application has been filed by the above named applicant with a prayer for directing the registry of this High Court to list the connected writ petition i.e., WP(C) No. 161 of 2022 before the Hon'ble Chief Justice on the administrative side for placing the matter before a larger bench of this High Court.

(2.) The learned counsel appearing for the applicant submitted that the High Court of Andhra Pradesh, High Court of State of Telangana at Hyderabad and other High Courts in the country incorporated in their respective High Court rules that a Division Bench will hear matters challenging the order passed by the Lokayukta and Upa-Lokayukta but while framing the High Court of Manipur Rules, 2019, it has inadvertently not mentioned the manner in which a petition challenging the order passed by the Manipur Lokayukta is to be heard. However, under Rule 3(1)(d) of Chapter IV-A of the High Court of Manipur Rules, 2019, it is provided that an application shall be heard by a Division Bench if a Single Judge refer such application to the Chief Justice for placing it before a Division Bench having regard to the importance or complexity of the case. For ready reference, the provisions of the aforesaid Rule 3(1) of Chapter IV-A of the High Court of Manipur Rules, 2019 are reproduced hereunder:-

(3.) The learned counsel for the applicant also submitted that in an earlier round of litigation between the same parties and in respect of the same complaint case which was pending before the Manipur Lokayukta, a writ petition being WP(C) No. 899 of 2021 was filed by the present writ petitioners before this court for quashing the order dtd. 19/11/2021 and other connected orders of the Manipur Lokayukta and that while taking up the said writ petition and on the submission made by the counsel appearing for the parties for placing the matter before the larger bench, the learned Single Judge passed an order on 13/12/2021 in the aforesaid writ petition directing the registry of this court to list the matter before the Hon'ble Chief Justice on administrative side for appropriate order and thereafter, the Hon'ble Chief Justice directed the registry for listing the said writ petition before the Division Bench and the said writ petition was heard by a Division Bench and dismissed the same on merit on 20/12/2021.