The High Court of Manipur dismissed writ appeals challenging the dismissal of writ petitions challenging attempts to remove the elected Chairman and Secretary of a Village Authority. The Court held that the Act does not provide for removal from post and Section 8 only allows removal from membership.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
KABORAMB Digitally signed by AM KABORAMBAM SANDEEP SANDEEP SINGH Date: 2021.11.17 SINGH 15:50:27 +05'30'
(Through Video Conferencing)
IN THE HIGH COURT OF MANIPUR AT IMPHAL
WRIT APPEAL NO. 51 OF 2021 WITH MC(WA) NO. 86 OF 2021
P. Nengkhanchin, aged about 51 years, S/o Ginkhnam, R/o Goukhenpau Road, Vengnuam, New Lamka, Churachandpur Sub-Division, P.O & P.S. New Lamka, Churachandpur District, Manipur-795128 and 7 others
... Appellants
-Versus-
State of Manipur, represented by the Additional Chief Secretary (TA & Hills), Government of Manipur, Secretariat Building, Babupara, PO & PS-Imphal, Imphal West District, Manipur795001 and 6 others
... Respondents
WRIT APPEAL NO. 52 OF 2021 WITH MC(WA) NO. 87 OF 2021
P. Nengkhanchin, aged about 51 years, S/o Ginkhnam, R/o Goukhenpau Road, Vengnuam, New Lamka, Churachandpur Sub-Division, P.O & P.S. New Lamka, Churachandpur District, Manipur-795128 and 7 others
... Appellants
-Versus-
State of Manipur represented by the Additional Chief Secretary (TA & Hills), Government of Manipur Secretariat Building, Babupara, PO & PS-Imphal, Imphal West District, Manipur795001 and 6 others
... Respondents
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BEFORE
HON’BLETHE CHIEF JUSTICE MR. SANJAY KUMAR HON’BLE MR. JUSTICE M V MURALIDARAN
For the Appellants : Mr. D.Julius Riamei, Advocate. For Respondents 4 &5 : Ms. S. Thoithoi Meitei, Advocate
Date of Order : 16.11.2021.
ORDER (ORAL)
(Sanjay Kumar, CJ)
The unsuccessful petitioners in W.P.(C) Nos. 222 and 251 of 2021 are in appeal against the Judgment and Order dated 03.09.2021 passed by a learned Judge of this Court, dismissing both the writ petitions.
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Secretaryship 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 dated 24.02.2021, the Deputy Commissioner, Churachandpur issued order dated 27.02.2021 restoring the Chairmanship and Secretaryship 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.
Respondent No.4 in these appeals accordingly became the Chairman of the Vengnuam South Village Authority.
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Village Authority and the attempt by the other members was only to remove them from the elected post of Chairman and Secretary respectively of the Village Authority. The exercise undertaken for this limited purpose clearly does not fall within the ambit of Section 8 of the Act of 1956. In the event, the Chairman or Secretary of a Village Authority commit any misconduct or are guilty of disgraceful conduct, the proper course, as per the statute, is for the other members of the Village Authority to remove them altogether from the membership of the Village Authority, if they have the requisite numbers.
The learned Judge also held to this effect in para 13 of the Judgment and Order, presently under appeal. We therefore find no grounds whatsoever to interfere with the cogent analysis and correct conclusion of the learned Judge to this effect.
passing of the impugned Judgment and Order, steps were taken independently by members of the Vengnuam South Village Authority to remove the Chairman and the Secretary, viz., respondents No.4 and 5, from the membership of the said Village Authority and the same was the subject matter of W.P.(C) No. 767 of 2021. The said writ petition is stated to have been disposed of with a direction to the Deputy Commissioner, Churachandpur, to take appropriate action in the matter in accordance with law, by way of a speaking decision.
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to be taken by members of a Village Authority, if they have a redressable grievance against the Chairman or Secretary of such Village Authority, is to take recourse to Section 8 of the Act of 1956 and abide by the procedure prescribed therein.
The writ appeals are accordingly dismissed.
In consequence, the stay applications in MC (WA) No. 86 of
2021 and MC(WA) No.87 of 2021 are also dismissed.
In the circumstances, we make no order as to costs.
A copy of this order shall be supplied online or through
whatsapp to the learned counsel for the parties.
JUDGE
CHIEF JUSTICE
bidya
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3 issues framed by the court
Whether the provisions of the Manipur Village Authorities in Hill Areas Act, 1956 authorize removal of the elected Chairman and Secretary of a Village Authority by a resolution of other members.
Whether Section 8 of the Act, which deals with removal of members, applies to removal of office-holders from specific posts within the Authority.
Whether the learned Judge correctly held that the removal of the Chairman and Secretary did not fall within the ambit of Section 8 of the Act.
3 provisions across 1 enactments
P. Nengkhanchin and others
State of Manipur
Sanjay Kumar
M V Muralidaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
