T PAUKHANLIAN v. STATE OF MANIPUR AND 17 ORS
Court: High Court of Manipur
Bench: HON'BLE MR JUSTICE AHANTHEM BIMOL SINGH
Judgment date:
Case summary
High Court of Manipur judgment dated 2020-11-12. T PAUKHANLIAN v. STATE OF MANIPUR AND 17 ORS. Read the judgment and case details on LawSphereX.
Judgment text
(Through video conferencing) IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 421 of 2020 With WP(C) No. 443 of 2020 With WP(C) No. 457 of 2020 T. Paukhanlian …. Petitioner/s - Versus – State of Manipur & 17 Ors. .... Respondent/s BEFORE HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH 12. 11. 2020 [1] Final hearing of the above noted 3(three) writ petitions were concluded and judgment was reserved on 07. 09. 2020. Before the judgment could be announced, Mr. L. Shashibhushan, learned counsel appearing for the petitioner, Mr. N. Kumarjit, learned Advocate General appearing for respondent No. 1, 2 and 4, Mr. H. S. Paonam, learned senior counsel appearing for all the private respondents and Mr. W. Darakishwor, learned senior Panel counsel appearing for the respondent No. 3 made a mentioned and submitted that after final hearing of these cases had been concluded and judgment had been reserved, the Addl. Chief Secretary (TA & HILLS), Government of Manipur issued 3(three) orders dated 07. 11.
2020 and 09. 11. 2020. The said 3(three) orders read as under: “GOVERNMENT OF MANIPUR SECRETARIAT: TRIBAL AFFAIRS & HILLS DEPARTMENT ORDERS BY THE GOVERNOR OF MANIPUR --------------------th Imphal, the 7 November, 2020 W. P. (C) No. 421 of 2020 With W. P. (C) No. 443 of 2020 With W. P. (C) No. 457 of 2020 Page 1 No. 7/1/2020-Hills (ACD/CCP) Pt-1:- Consequent upon the resignation of Shri. T. Paukhanlian from the post of Chairman, Autonomous District Council, Churachandpur and in exercise of powers conferred under Rule 6 (b) of the Manipur (Hill Areas) District Councils Rules 1972, as conveyed by Secretary to Governor, Manipur, Raj Bhavan, Imphal vide letter No. GSM/ LA- 12/2015 dated th 7 November 2020, the Governor of Manipur is pleased to order that Shri. T th Paukhanlian has demitted office with effect from 7 November 2020, the date of acceptance of the resignation.
By Orders & in the Name of the Governor (Letkhogin Haokip) Additional Chief Secretary (TA & HILLS), Government of Manipur” “GOVERNMENT OF MANIPUR SECRETARIAT: TRIBAL AFFAIRS & HILLS DEPARTMENT ORDERS BY THE GOVERNOR OF MANIPUR th Imphal, the 7 November, 2020 No. 7/1/2020-Hills(ADC/CCP) pt-1:- Consequent upon the resignation of Shri T. Paukhanlian from the post of Chairman, Autonomous District Council, Churachandpur and acceptance with immediate effect thereof by her Excellency, the Governor of Manipur in exercise of powers conferred under rule 6 (b) of the Manipur (Hill Areas) District Council Rules, 1972 as conveyed by the th Raj Bhavan, Imphal vide letter No. GSM/LA-12/2015 dated 7 November 2020, the Governor of Manipur is pleased to notify that Shri T. Paukhanlian has demitted office with effect from the date of acceptance of the resignation, i. e. , th the 7 November, 2020. th 2. And whereas, the election of Chairman shall be held on 9 November 2020 at 2.
00 PM, ADC, Bhavan Chingmeirong, Imphal and the Secretary/Chief Executive Officer ADC/Churachandpur shall send notice of this date to every Member, ADC, Churachandpur. 3. And whereas, as per section 3(a) of the Manipur (HILL Areas) District Council rules, 1972; at any time before noon on the date preceding the date as fixed under sub-rule (1), any time may give notice of motion nominating another Member for election as the Chairman by delivering to the Secretary a nomination paper signed by himself as proposed that he is willing to serve as Chairman, if elected; W. P. (C) No. 421 of 2020 With W. P. (C) No. 443 of 2020 With W. P. (C) No. 457 of 2020 Page 2 Provided that a Member shall not propose his name or second a motion proposing his name or propose or second more than one motion. 4.
Now, therefore, in exercise of the power conferred under rule 3(1) of the Manipur (Hill Areas) District Council, Rules 1972, the Governor of Manipur is th pleased to fix the day of Monday the 9 November, 2020, 2:00 PM, Venue; ADC Bhavan, Chingmeirong, Imphal, for election of Chairman, Autonomous District Council, Churachandpur and the Secretary/Chief Executive Officer, ADC/Churachandpur shall send notice of this date to every Member, ADC, Churachandpur. By Orders & in the name of the Governor Sd/- (Letkhogin Haokip) Addl. Chief Secretary (TA & Hills) Government of Manipur” “GOVERNMENT OF MANIPUR SECRETARIAT: TRIBAL AFFAIRS & HILLS DEPARTMENT ************** ORDERS BY THE GOVERNOR: MANIPUR th Imphal, the 9 November, 2020 No. 7/1/2020-Hills (ACD/CCP) Pt-1:- In pursuance of the Election Result No.
th 1/4/ADCC/2010/181 dated 9 November, 2020 submitted by the Chief Executive Officer/Secretary, ADC, Churachandpur, the Governor of Manipur is pleased to appoint Shri Khaipao Haokip, Member, 13-Kholmun DCC as the Chairman, ADC, Churachandpur with immediate effect. By Orders & in the name of the Governor Sd/- (Letkhogin Haokip) Additional Chief Secretary (Tribal Affairs & Hills), Government of Manipur” A copy of the said 3(three) orders are marked as X/1, X/2 and X/3 respectively for identification and the same are placed on record. [2] The learned counsel appearing for all the parties in the present 3(three) writ petitions submitted that in view of the aforesaid 3(three) orders, all the 3(three) writ petitions have become infructuous and prayed for disposing of the present 3(three) writ petitions as being infructuous. W. P. (C) No. 421 of 2020 With W. P. (C) No. 443 of 2020 With W. P. (C) No.
457 of 2020 Page 3 In view of the subsequent developments and the submissions made by the counsel appearing for all the parties, the present 3 (three) writ petitions are disposed of as infructuous. Earlier interim order stands vacated. Parties are to bear their own costs. JUDGE Lhaineichong Yumkh Digitally signed by Yumkham Rother am Date: 2020. 11. 19 10:32:59 +05'30' Rother W. P. (C) No. 421 of 2020 With W. P. (C) No. 443 of 2020 With W. P. (C) No. 457 of 2020 Page 4
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