ASHEM BIRA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for issuance of an appropriate writ for quashing the Resolution No. 2(a) dated 29.8.96 passed by the Thoubal Municipal Council refusing to accept the appointment of the petitioner by the State Government as a member of the said council and also for directing the said Municipal Council to administer oath to him as member of the said Council.

(2.) I have heard Mr. B.P. Sahu. learned counsel for the petitioner as well as Mr. L. Nandakumar Singh, learned Sr. counsel for the respondents. I have also considered the records of the case.

(3.) The petitioner was appointed by the State Government as a member of the aforesaid Municipal Council under Section 15(3) of the Manipur Municipalities Act, 1994. hereinafter called the Act. vide order dated 17th January, 1995 (Annexure-A/1) read with the Corrigendum, dated 6.2.96 (Annexure-A/2). By a letter dated 17.2.96 (Annexure-A/3), the petitioner informed the respondent No. 4, the Executive Officer of the said Council, that he wanted to take oath as such. The said Municipal Council, however, made no arrangement for oath taking and ultimately passed the following resolution dated 29.8.96 (Annexure-A/11) impugned in this writ petition: