WIPONGBOU, S/O KHANGWIBOU Vs. STATE OF MANIPUR THROUGH PRINCIPAL SECRETARY/COMMISSIONER (TA & HILLS), GOVERNMENT OF MANIPUR

JUDGEMENT

(1.) Heard Shri H.S. Paonam, Senior Advocate assisted by Shri N. Bipin, the learned counsels appearing for the petitioners; Shri S. Nepolean, the learned Government Advocate appearing for the State respondents and Shri N. Ibotombi, the learned Senior Advocate appearing for the private respondents.

(2.) By the instant writ petition, the petitioners have prayed for issuing a writ of Mandamus or any other appropriate writ or direction for quashing and setting aside the impugned resolution / requisition dated 28-03-2017 of the private respondents and impugned notice dated 27-04-2017 issued by the Deputy Commissioner, Tamenglong.

(3.) According to the petitioners, the Manipur (Hill Areas) District Councils Act, 1971 (hereinafter referred to as "the District Councils Act, 1971") came to be enacted by the Parliament for constitution of Autonomous District Councils in the Hill Areas of the then Union Territory of Manipur and for matters connected therewith with regard to the power and functions thereof and incidental thereto. In exercise of power conferred under the provisions of Section 3, the State of Manipur vide its notification dated 14-02-1972 constituted 6 (six) autonomous districts-one, Manipur North Autonomous District; two, Sadar Hills Autonomous District; three, Manipur East Autonomous District; four, Tengnoupal Autonomous District; five, Manipur South Autonomous District and six, Manipur West Autonomous District and these Autonomous District Councils came to be renamed as Chandel, Churachandpur, Tamenglong, Ukhrul, Sadar Hills / Kangpokpi and Senapati Autonomous District Councils respectively, of which the Autonomous District Council, Tamenglong (hereinafter referred to as "the District Council, Tamenglong") is relevant for the present case. The said District Councils Act, 1971 came to be amended from time to time and the last being the Manipur (Hill Areas) District Councils (Third Amendment) Act, 2008.