MAISNAM MANIKCHAND SINGH AND 2 ORS v. STATE OF MANIPUR AND 2 ORS
Court: High Court of Manipur
Bench: HON'BLE THE CHIEF JUSTICE,HON'BLE MR JUSTICE AHANTHEM BIMOL SINGH
Judgment date:
Case summary
High Court of Manipur judgment dated 2020-12-15. MAISNAM MANIKCHAND SINGH AND 2 ORS v. STATE OF MANIPUR AND 2 ORS. Read the judgment and case details on...
Judgment text
Item No. 1(D/B) (Through video conferencing) IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 624 of 2020 Maisnam Manikchand Singh aged about 43 years S/O Late Mahendra Singh of Phumlou Mamang Leikai, P. O. & P. S. - Lamsang, District-Imphal West, Manipur and Pin No. 795146 & 2 Ors. …. Petitioner/s - Versus – State of Manipur represented by the Chief Secretary, govt. of Manipur, Old Secretariat Complex, Babupara, Pin No. 795001 & 2 Ors. .... Respondent/s BEFORE HON’BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH 15. 12. 2020 (A. B. , J) Heard Mr. Ajoy Pebam, learned counsel appearing for the petitioners and Mr. N. Kumarjit, learned Advocate General, Manipur appearing for the respondents.
The present writ petition had been filed praying for granting the following two main reliefs: “(ii) Issue an appropriate writ/order/direction calling upon the Respondents concerned to amend the Manipur Panchayati Raj Act, 1994, from 2(two) tier system to a 3(three) tier system to the existing Gram Panchayat at the Village Level and Zila Parishad at the District Level within a period of 6(six) months;” “(iii) Issue an appropriate writ in the nature of mandamus directing the Respondents to implement the Judgment and Order dated 09/11/2017 of the Hon’ble Court passed in W. P(C) No. 740 of 2012 within a period of 6(six) months;” WP(C) No. 624 of 2020 Page 1 [2] So far as the prayer for the first relief is concerned, we are of the consider view that the said relief had already been granted by this Court, vide judgment and order dated 09. 11. 2017 passed in WP(C) No. 740 of 2012. We have perused the said judgment and order dated 09. 11. 2012 passed by this Court in WP(C) No.
740 of 2012 and the operative portion of the said judgment and order is under: “18. For the reasons stated above, we are of the view that the State Government is under obligation to provide for constitution of Panchayats at the intermediate level also in addition to the existing Gram Panchayat at the Village level and Zila Parishad at the District Level as already provided under Manipur Panchayati Raj Act, 1994, and accordingly, take steps for amendment of the Manipur Panchayati Raj Act, 1994, for constitution of the Panchayats at intermediate level also in accordance with the mandate of Article 243-B(1) as we hold at the earliest that the provisions of clause (2) of Article 243-B of the Constitution will not be applicable in the State of Manipur, as Manipur has population of more than twenty lakhs. ” “19. For the reasons discussed above and above observations and directions, the present writ petition stands allowed.
” In view of the earlier directions given by this court as quoted hereinabove, we are of the considered view that no further direction is required from this Court in so far as the prayer for the first relief is concerned. [3] In so far as the prayer for the second relief is concerned, we are of the considered view that it will be appropriate for the petitioners to file contempt petitions against the responsible officers of the State Government WP(C) No. 624 of 2020 Page 2 for their failure to implement the directions given by this Court in the judgment and order dated 09. 11. 2017 passed in WP(C) No. 740 of 2012. In view of the above, we close this writ petition. However, it is made clear that the petitioners are at liberty to approach this Court again by filing appropriate contempt petitions before this Court for implementation of the directions given by this Court in the judgment and order dated 09. 11. 2017 passed in WP(C) No. 740 of 2012.
A copy of this order be furnished to both the counsel appearing for the parties through their respective e. mail/whatsapp. JUDGE CHIEF JUSTICE Lhaineichong Digitally signed Yumkh by Yumkham Rother am Date: 2020. 12. 17 Rother 14:22:58 +05'30' WP(C) No. 624 of 2020 Page 3
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