LAISHRAM BINOCHANDRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioners who are elected Councillors of Ningthoukhong Municipal Council have filed this application challenging the legality of the order passed by the Additional Secretary (MAHUD), Govt. of Manipur dated 1.3.2013 in Annexure -A/9 cancelling the meeting of No Confidence fixed for 23.2.2013.

(2.) THE brief facts leading to filing of the writ application are that the petitioners are the elected Councillors of Ningthoukhong Municipal Council. It is alleged by them that since the first part of 2011 the Chairperson and Vice Chairperson of the Municipal Council have been committing financial, official and administrative irregularities causing inconvenience in functioning of the council. For the above reason, they jointly submitted no confidence motion against the Chairperson and the Vice Chairperson of the Municipal Council on 1.7.2013 praying for fixing a date to hold a meeting to consider the no confidence motion. On the basis of the said motion, the Executive Officer wrote the letter to the Commissioner (MAHUD) on 8.1.2013 requesting for approval of the Government to conduct a meeting under Section 31(2) of the Manipur Municipalities Act, 1994. The Govt. did not take any step to convey its approval for holding the meeting of no confidence; as a result of which the petitioners again submitted a joint representation on 24.1.2013 before the Executive Officer requesting to convene a meeting of no confidence. On the same day, the Executive Officer again wrote a letter to the Commissioner requesting for approval. On 22.2.2013 the Addl. Secretary (MAHUD) intimated the Executive Officer conveying approval of the Government to hold special meeting for consideration of no confidence motion against the Chairperson and the Vice Chairperson.

(3.) MR . N. Kurmarjit, learned Sr. counsel appearing for the petitioners assails the impugned order on two grounds - (i) prior approval of the Deputy Commissioner who was to preside over the meeting is not required for the purpose of fixing the date for meeting of the councilors to deliberate on the no confidence motion; (ii) the Executive Officer of the Municipal Council is competent to fix the date and venue for holding the no confidence motion.