R.K. MEMI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioners, who are Councillors of Ward Nos.2, 4, 6, 8 and 9 of Lamlai Municipal Council, Lamlai, Manipur, have filed these writ petitions with the following prayers: W.P. (C) No.764 of 2019: Issue a writ of certiorari or mandamus or any other appropriate writ of the like nature for quashing and setting aside the impugned show cause notification/order dated 12.9.2019 issued by the Under Secretary (MAHUD), Government of Manipur as illegal, arbitrary and mala fide in nature as the same has been issued in violation of the principles of natural justice to the petitioners as there are reasonable apprehension for taking actions by the Commissioner/Joint Secretary/Under Secretary (MAHUD), Government of Manipur against the Councillors without affording any opportunity in the same manner and method as have done in the case of Imphal Municipal Corporation by taking actions under Section 205 of the Manipur Municipalities Act, 1994 coupled with a prayer to suspend/stay the aforesaid impugned notification/order dated 12.9.2019 issued by the Under Secretary (MAHUD), Government of Manipur or direct to maintain status quo as on date till final disposal of the writ petition. W.P.(C) No.783 of 2019 : Issue a writ of certiorari or mandamus or any other appropriate writ of the like nature for quashing and setting aside the impugned show cause notification/order dated 16.9.2019 issued by the Under Secretary (MAHUD), Government of Manipur under Section 205 of the Manipur Municipalities Act, 1994 thereby suspending the Lamlai Municipal Council for a period of 6 months as illegal, arbitrary and mala fide in nature as the same has been issued in violation of the principles of natural justice to the petitioners coupled with the prayer to suspend/stay the aforesaid impugned notification/order dated 16. 9.2019 issued by the Under Secretary (MAHUD), Government of Manipur till final disposal of the writ petition. WP(C) No.790 of 2019: Issue a writ of certiorari or mandamus or any other appropriate writ of the like nature for quashing and setting aside the impugned appointment order dated 20.09.2019 issued by the Under Secretary (MAHUD), Government of Manipur thereby appointing the Chief Executive Officer (CEO), Imphal East Zilla Parishad as an Administrator of Lamlai Municipal Council to exercise and perform the powers and duties of the Lamlai Municipal Council during the period of suspension in addition to his normal duties, without any ' extra remuneration, with immediate effect and until further order in public interest as illegal, arbitrary and mala fide in nature as the same has been issued soon after the issuance of the suspension notification/order dated 16.9.2019 issued by the Under Secretary (MAHUD), Government of Manipur thereby suspending Lamlai Municipal Council which is in violation of the principles of natural justice and also in violation of the Hon 'ble Court 's interim order dated 16.9.2019 passed in W.P.(C) No.764 of 2019 coupled with a prayer to suspend/stay the said impugned appointment order dated 20.9.2019 pending final disposal of the instant writ petition.

(2.) Since parties and the issue involved are one and the same, all three writ petitions are taken up together and disposed of by this common order.

(3.) Brief facts, which led to the filing of the writ petitions are as under: The petitioners were elected in the month of January, 2016 as Councillors of Ward Nos.2, 4, 6, 8 and 9 respectively of Lamlai Municipal Council and certificates of election were also issued by the Returning Officer on 15.1.2016 to them. On 27.8.2019, a complaint has been given by one S.Itocha Singh, resident of Ward No.4, alleging corruption regarding the schemes of Housing for all, construction of Latrines and Urinals etc. against the petitioners. After the receipt of the complaint, the Under Secretary (MAHUD), Government of Manipur, took up the said matter and forwarded the same by way of letter dated 29.8.2019 to the Director (MAHUD), Manipur and the Executive Council to furnish comments on the matter.