GAINAICHUNG MALANGMEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Preceded by a long and checkered history, ancient as well as litigative, factual narrative in these cases needs recount at length and in detail.

(2.) The 'Zeliangrong' are one of the indigenous Naga communities in Manipur. 'Zeliangrong' comprises Zeme, Liangmei and Rongmei (Kabui) Tribes combined. It is derived from 'Ze' from Zeme, 'Liang' from Liangmei and 'Rong' from Rongmei. In these indigenous tribes, the posts of 'Khunbu' and 'Khullakpa' were in vogue since times immemorial. 'Khunbu' refers to the founder/owner of the village whereas 'Khullakpa' is the Headman or administrator of the village. The post of 'Khullakpa' is sacrosanct as he is the representative of the village in all religious rites, apart from being its administrator. The office of 'Khullakpa' is not considered hereditary in the sense of a son automatically succeeding his father, though a son or a younger brother stands a good chance of assuming office after the death of the incumbent. The usual tradition is that the vacancy in this office would be filled up with the senior-most serving male of the clan to which the deceased belonged and, generally, he who is selected as 'Khullakpa' holds office for life (See Mangthoi Thaimei's; 'An Introduction to Tribal Language and Culture of Manipur', First Published in 1976, at pages 45-48). The 'Khullakpa' is held in great respect but he does not possess absolute powers, akin to a Kuki Chief. The village elders cannot be over-ridden by the 'Khullakpa'. The body of 'village elders' is known as 'Thoubei/Pei' and it is assisted by the 'Khullakpa'. 'Khullakpa' has now received legal recognition in the Manipur (Village Authorities in Hill Areas) Act, 1956, (for brevity, 'the Act of 1956'). Sec. 3 of the Act of 1956 deals with the constitution of Village Authorities in the hill areas of Manipur. Each such Village Authority is to be headed by an 'Ex-Officio Chairman'. Sec. 3(4) of the Act of 1956 states that, where there is a Chief or 'Khullakpa' in a village, he shall be the 'Ex-Officio Chairman' of the Village Authority of that village and it is only when there is no such Chief or 'Khullakpa' in the village that the Chairman of that Village Authority should be elected by the members of the Village Authority from amongst themselves.

(3.) Charoipandongba Village in Senapati District (presently, in Kangpokpi District), is a Zeliangrong Naga Village. The name of the village was changed to Pongringlong, vide order dtd. 28/10/2003 of the Commissioner (Hills), Government of Manipur. The three founding clans in this village were Daimei, Malangmei/Khandangmei and Panmei. The Village Council (Thoubei/Pei) was the apex administrative body, comprising village elders. In so far as this village is concerned, the post of Khullakpa was not treated as a hereditary post, passing from father to son, but was given to the eldest member of one of the three clans. At times, it seems that there was no Khullakpa at all. This is borne out by the fact that its Village Authority was headed by a Khullakpa during certain periods of time and, at others, there was an 'elected' Chairman. Forms of the Returning Officer (Rule-13) dtd. 14/5/1998 and 2/9/2002, signed by the Election Officer, reflect that Lanlimlung Panmei was elected as the Chairman of the Village Authority of Charoipandongba Village unanimously. Similarly, the Form of the Returning Officer (Rule-13) dtd. 26/11/2007 reflects that Lungaingam Gonmei was elected unanimously as the Chairman of the Village Authority for Charoipandongba (Pongringlong) Village at that time.