VAREIYO SHATSANG Vs. STATE OF MANIPUR AND ORS.

JUDGEMENT

(1.) THE petitioner, a resident of Tusom Village in the district of Ukhrul, has filed this PIL praying for quashing (Annexure -K), the order dated 25.11.2010 issued by the Under Secretary (Hills), Govt. Of Manipur permitting the Chief Executive Officer, Ukhrul Autonomous District Council to open its office and function at Khuman Lampak, Imphal and also for a direction to the Ukhrul Autonomous District Council and its elected Members as well as the Chief Executive Officer to have the office at the HQs in the district of Ukhrul and function from the HQs.

(2.) BEFORE entering into the allegations made in the writ petition and the stand taken by the State authorities in the counter affidavit as well as Addl. Counter affidavit, it is necessary to refer to the relevant Act and Rules. The Manipur (Hill Areas) District Councils Act, 1971 came into effect from 26.12.1971. Under the said Act, the Administrator shall cause all the hill areas to be divided into not more than 6(six) Autonomous Districts. For each Autonomous District, there shall be a District Council and the total number of seats in the District Council shall be filled up by persons chosen by direct election from the territorial constituencies and the total number of seats shall not be more than eighteen. The Administrator may also nominate two persons not being the persons serving in the Government office to be Members of the District Council. The term of the office shall be for a period of five years. Under Section 29 of the Act, the District Council shall be responsible for maintenance and management of such property, moveable and immoveable and institutions as may be transferred to that Council by the Administrator. It shall also be responsible for construction, repair and maintenance of such roads, bridges, channels and buildings as may be transferred to the Council by the Administrator. It shall also be responsible for establishment, maintenance and management of Primary Schools and construction and repair of the buildings connected to the Institutions apart from establishing maintaining and managing dispensaries. Section 29 also prescribes several other duties to be performed by the District Council. Under Section 32 of the Act, every District Council shall have a Chief Executive Officer, who shall be appointed by the Administrator.

(3.) ACCORDING to the petitioner, the HQs of Manipur Autonomous District having been fixed at Ukhrul, the Autonomous District Council should have the Head Office at Ukhrul. However, the Governor of Manipur, on 25.11.2010, allowed the Chief Executive Officer of Ukhrul Autonomous District Council to open its temporary camp office for convenience at Imphal in order to attend to any urgent official work of the District Council and also to function on roster basis both at the HQs and Imphal camp office. In the said order dt. 25.11.2010, District councils of three other Districts such as Chandel, Senapati and Tamenglong were also allowed to have their respective camp offices at Imphal. In view of the above order of the Governor of Manipur, the Ukhrul Autonomous District Council established its camp office at Imphal and has been functioning from the said office.