T PHUNGJATHANG Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In this writ petition, petitioner has assailed the impugned order dated 23rd December, 1997 passed by the respondents in supersession of the order dated 13th November, 1997 purportedly in exercise of the power conferred u/S. 13 read with Section 14 of the Manipur Town and Country Planning Act, 1975 (In short the Act), thereby replacing the petitioner as Chairman of the Planning and Development Authority by the respondent No. 3 as violative of proviso to Section 16 of the Act.

(2.) Facts leading to the filing of the present writ petition may be summarily recited. Petitioner was appointed as Chairman of the Planning and Development Authority in exercise of the power u/S. 13 read with Section 14 of the Act, by an order dated 3rd February 1996. In the interregnum two non-Official members namely; Shri M. Bijoykumar Singh and Shri N. I. Singh terms of appointment expires on 2-6-97 as would appear from the Annexure P/19 of the Supplementary counter of the respondents.

(3.) Petitioner, by its letter dated 15-9-97 suggested the names of Shri T. Dinachandra Singh and Shri N. Binoy Singh to be the non-official members in place of the members terms expires on 2-6-97. After accepting proposal, by Notification dated 13-11-97, the Planning and DevelopmentAuthority was reconstituted with Shri T. Dinachandra Singh and Shri N. Bijoy Singh as non-Official members. However, impugned Notification dated 23rd December, 1997 has been issued in supersession of the Notification dated 13th November, 1997 thereby replacing the petitioner as Chairman by the respondent No. 2. Being aggrieved, this petition has been filed.