SHANGAM LUIREIWO Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. H.NK Singh, learned Sr. Advocate assisted by Mr. Somorendro Roy, learned counsel appearing for the petitioners, Mr. L. Shyamkishore Singh, learned Sr. Advocate assisted by Mr. Paikhomba, learned counsel counsel appearing for the respondent No. 1 and Mr. N. Ibotombi, learned Sr. Advocate assisted by Ms Savitri, learned counsel appearing for the respondents - 3, 4, 5 and 6 as well as Mr. Jagat, learned G.A. appearing for the respondent No.2.

(2.) THIS writ petition seeking for a writ of prohibition restraining the respondent Nos - 1 and 2 from allowing the private respondents - No.3 and 4, who are the nominated Members of the Autonomous District Council, Ukhrul to cast their vote in the meeting for no -confidence motion against the present petitioners, who are the Chairman and Vice Chairman of the Ukhrul Autonomous District Council, is filed basing on the fact that the private respondent Nos - 3, 4, 5 and 6 and other Members of the autonomous District Council, Ukhrul had delivered the notice for convening meeting of the ADC, Ukhrul for no confidence motion against the sitting Chairman and Vice Chairman of the said District Council Ukhrul, i.e. the petitioner Nos - 1 and 2. Copy of the proceedings of the meeting of the 14(fourteen) members including the two nominated Members of the Ukhrul Autonomous District Council held on 21.5.2012 at Hotel Bheigo, Imphal for serving notice to the present petitioners to step down honourably from the Chairmanship and Vice Chairmanship before they are forced to relinquish their posts by majority of the MDCs, is available at Annexure -A/3 to the present writ petition.

(3.) UNDER Section 23(3) of the Manipur (Hill Areas) District Councils Act, 1971 provides that a notice in writing of the intention to move a resolution for removal of an elected Chairman or the Vice Chairman of the Autonomous District Council signed by not less than one -third of the total membership of the Council together with a copy of the proposed resolution shall be delivered to the Deputy Commissioner in accordance with the rules made by the Deputy Commissioner in this behalf.