ATLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The PIL is filed by the All Tribal Lawyers' Association Manipur (ATLAM) and The United Tribal Peoples' Council Manipur (UTPCM). They filed the writ petition for the following reliefs:-

(2.) Mr. R.S. Reisang, learned senior counsel appearing for the petitioners made a statement across the bar that prayer No.(ii) is not press and therefore, the same is declined. He only pleaded for a Mandamus to direct the State Government to implement and enforce the provisions of Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 and the Manipur (Hill Areas) District Councils Act, 1971 in letter and spirit with consequential reliefs. The learned senior counsel refers to Section 29 of the 1971, Act (Act No.76 of 1971). The Act provides for establishment of a District Councils in the hill areas and the Administrator, as defined under Section 2(a) controls all the administration of the hill areas. Presently, the Hon'ble Governor is the Administrator. In terms of Chapter II Section 3, hill areas is divided into autonomous districts. Chapter II Section 4 provides for constitution of District Councils. The other sections provide for election to the various posts of the District Councils. Chapter III, Section 29 deals with the functions of the District Councils and that powers and functions of the District Councils are assigned by the Administrator to take up the works as defined under Section 29. Section 29 of the 1971, Act reads as under:

(3.) The Act has been amended from time to time. The last amendment to the Act was made in 27.10.2008 gazetted on 28.10.2008.