K. HOLISON RAOMAI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. HS Paonam, learned senior counsel, appearing for the petitioner in W.P.(C) No. 1007 of 2022; and Mr. Lenin Hijam, learned Advocate General, Manipur, appearing for the State authorities. Mr. Julius Riamei, learned counsel, appears for respondent No. 4 in W.P. (C) No. 325 of 2018.

(2.) By order dtd. 2/12/2022 passed in W.P.(C) No. 1007 of 2022, this Court noted that the impugned Sixth Amendment reproduced a portion of the Manipur (Hills Areas) District Councils (Fifth Amendment) Act, 2018, promulgated vide Notification dtd. 24/3/2018 and more particularly, the substitution of Sec. 4 (2) of the Manipur (Hill Areas) District Councils Act, 1971, which was suspended by a Division Bench of this Court in W.P. (C) No. 325 of 2018. As the said interim order was still operative, this Court opined that it was not open to the authorities to overreach themselves by replicating a portion of the said Notification by way of a new amendment. Clause 3 of the Notification dtd. 17/8/2022, pertaining to substitution of Sec. 4 (2) of the Principal Act, was accordingly suspended till the next date of hearing.

(3.) Mr. Lenin Hijam, learned Advocate General, Manipur, would assert that the grievance of the petitioner is essentially with the exercise of voting rights by nominated members but, in the light of the suspension granted by this Court in relation to the entire Clause 3, the State authorities would not be in a position to proceed with the holding of elections to the Autonomous District Councils in the State of Manipur. He would state that there is grave urgency in undertaking this exercise as the earlier elected bodies ceased to function quite a long time ago.