STATE OF MANIPUR Vs. PHEIROIJAM HERAMANI

JUDGEMENT

(1.) REV. PET. No. 33 of 2025, REV. PET. No. 34 of 2025 and REV. PET. No. 35 of 2025 are preferred by State of Manipur and REV. PET. No. 37 of 2025, REV. PET. No. 38 of 2025 and REV. PET. No. 39 of 2025 are preferred by third party review petitioners against the common judgment and order dtd. 29/8/2025 passed by Division Bench of this Court in writ appeals being W.A. No. 9 of 2024, W.A. No. 10 of 2024 and W.A. No. 2011. Brief facts of the present review petitions (hereinafter referred to as 'RPs') and all miscellaneous cases (hereinafter referred to as 'MCs') sans details are as follows:

(2.) The term of 5th Manipur Panchayat Election held in the year 2017 expired in the year 2022. Some of the elected members of Gram Panchayat (hereinafter referred to as 'GP') and Zila Parishad (hereinafter referred to as 'ZP') whose tenure have already expired in the year 2022, in 6 (six) districts of Manipur namely, Imphal East, Imphal West, Thoubal, Bishnupur, Kakching and Jiribam filed 3 (three) writ petitions being W.P.(C) 205 of 2023, W.P.(C) No. 266 of 2023 and W.P. (C) No. 239 of 2023 inter alia praying for a direction that they may be allowed to continue to function till elections are held for the new Panchayat i.e., 6th Panchayat. Vide common judgment and order dtd. 18/4/2023, Hon'ble Single Judge of this Court permitted the outgoing members to function till elections are held for the next Panchayat as done in the case of 27 Urban Local Bodies as per order dtd. 19/1/2023 in W.P.(C) No. 935 of 2022. Being aggrieved by the common judgment and order, dtd. 18/4/2023, the State preferred 3 (three) writ appeals, being W.A. No. 9 of 2024 [arising out of W.P.(C) No. 205 of 2025], W.A. No. 10 of 2024 [arising out of W.P.(C) No. 266 of 2023] and W.A. No. 11 of 2024 [arising out of W.P.(C) No. 239 of 2023]. Main ground for filing the appeals is that the provisions of Sec. 22 of the the Act [i.e., The Manipur Panchayati Raj Act, 1994, (26 of 1994)] will not be applicable for continuation of the tenure of the 5th Panchayat whose tenure has already expired in the year 2022 beyond stipulated period of 5 (five) years. In the appeal, the Hon'ble Division Bench of this Court framed 6 (six) questions of law for consideration as below:

(3.) Vide order dtd. 29/8/2025, Hon'ble Division Bench of this Court allowed the appeal filed by the State of Manipur. The conclusions and decisions of the judgment are reflected in paragraph 64 which is reproduced herein below: