NAOSHEKPAM RABI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner was elected as Pradhan of Bamon Kampu Gram Panchayat for the term 2017-22 in the 5th Manipur General Panchayati Raj Election of 2017 under the Panchayati Raj Act, 1994 (hereinafter the Act of 1994). While functioning as Pradhan, the petitioner was arrested in connection with an FIR No. 30(4)2019 IBG PS US 302/120-B IPC and he was in judicial custody. The petitioner was released on bail on 12/2/2020 and his ad-interim bail has been extended from time to time.

(2.) While the petitioner was in judicial custody, the Up-Pradhan/respondent No. 4 was elected by the members of the Bamon Kampu Gram Sabha and was allowed to take charge and act as Pradhan by an order dtd. 24/6/2019 issued by the Director, Rural Development and Panchayati Raj, Manipur.

(3.) After being released on bail, the petitioner made an application dtd. 16/6/2020 to the Director (RD and PR), Manipur requesting for allowing him to function as Pradhan under the Act of 1994. Thereafter, the Under Secretary (RD and PR), Government of Manipur wrote a letter to the Director (RD and PR) on 26/11/2020 and the same is reproduced hereinbelow:-