LAWS(MANIP)-2015-2-14

GAITHAORUNG GONMEI Vs. THE STATE OF MANIPUR AND ORS.

Decided On February 24, 2015
Gaithaorung Gonmei Appellant
V/S
The State Of Manipur And Ors. Respondents

JUDGEMENT

(1.) HEARD Mr. H. Kenajit, learned counsel appearing for the petitioner as well as Mr. M. Rarry, the respondent No. 4 in person. Also heard Mr. Aleng Vashum, learned Government Advocate for the State respondents.

(2.) THE present writ petition has been filed seeking for issue of a writ in the nature of writ of quo -warranto or any other appropriate writ or direction for removing the respondent No. 4 who is alleged to be an usurper of the Membership of the Juvenile Justice Board, Imphal West, Manipur.

(3.) THE respondent No. 4 by filing his affidavit -in -opposition has denied the allegations made in the writ petition. He has denied that he is not eligible for appointment as a member of the Juvenile Justice Board. It has been also contended that the writ petition in the present form is not maintainable inasmuch as the impugned order by which the respondent No. 4 has been appointed as a member of the Juvenile Justice Board, Imphal West, Manipur has neither been annexed nor challenged in this writ petition. The petitioner, however, has subsequently annexed a copy of the order dated 30.4.2012 by which the respondent No. 4 was appointed as a member of the Juvenile Justice Board, Imphal West, Manipur by filing an additional affidavit on 04.8.2014, seeking to cure the defect mentioned by the petitioner.