NAMDIGONG KAMEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS writ application has been filed for quashing the notification dated 6th November, 2013 issued by the Secretary, Hills Department, Govt. of Manipur declaring the name of elected members of village authority of Bamgaijang in the district of Tamenglong and further declaring the respondent No.4 as the chairman of the said village authority.

(2.) THE case of the petitioner is that his deceased father K. Namjinthuiyang R. Naga had established Bamgaijang village in the year 1977 with consent of Khunbu of surrounding villages and also concerned authority. The said village was under the supervision of Village Authority of the main village Akhui. In a joint meeting of the representatives of the Akhui, Bamgaijang and Khoukang village held on 24.9.1979, Deputy Commissioner, Tamenglong approved separation of Bamgaijang village from Akhui village on 10.1.1980. According to the petitioner, his deceased father was the Khunbu of the said village having established the same and in terms of Section 3 Sub -section 4 of the Manipur (Village Hills Areas) Act, 1956(herein after called the Act), he has to be declared as Khunbu of the village by way of succession. Further case of the petitioner is that in terms of the provisions of the above Act, the members of the village authority have to be elected but the Khunbu shall be the ex -officio chairman of the village authority in terms of Section 3 of the Act. Therefore, the petitioner should have been declared as the Khunbu of the village after demise of his father and should have also been declared the Exofficio Chairman of the village authority in place of respondent No.4 who is only an elected member of the village authority.

(3.) ENTIRE case of the petitioner revolves around two questions (i) whether thedeceased father of the petitioner was the Khunbu of village Bamgaijang or not, (2) whether in terms of Section 3 Sub -section 4 of the Act, the petitioner is automatically to be declared as Ex -officio Chairman of the village authority.