RADHABINOD KOIJAM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This petition has been filed by 2 (two) Petitioners, seeking a writ in the nature of certjorary for quashing the order dated 31.12.97 issued by the 2nd Respondent, So far it relates to SI. No. 4 and 5 of the order.

(2.) Factual matrix first, Petitioner No. 1 was elected from Thangmciband Constituency in the General Election held in 1995 and he was inducted as a Cabinet Minister and designated as Dy. Chief Minister. He was allotted the Bungalow at Babupara earmarked for the Dy. Chief Minister. He is not now holding the post of Dy. Chitef Minister but he has been declared as Leader of the Opposition in Manipur Legislative Assembly w.e.f. 22.12.97 in the order issued by the Secretary, Manipur Legislative Assembly. By another order dated 27.12.97 he was given the amenities entitled to a Cabinet Minister. Petitioner No. 2 was also elected from Wangkhem Constituency in the General Election held in 1995 and he was also inducted as a Cabinet Minister. He is now an M.L.A. and candidate sponsored by the Congress I in the ensuing Election to the Lok Sabha from the Inner Manipur Parliamentary Constituency. While he was a Cabinet Minister the Petitioner No. 2 was allotted Quarter No. 5 at Babupara. By the impugned order dated 31.12.97, Petitioner No. 1 was allotted another Quarter Type VII/CP-3 at Lamphelpat and the Petitioner No. 2 was also allotted Quarter Type IV/6 at Babupara. Being aggrieved, they preferred this petition.

(3.) It is contended by Mr. Ashok Potsangbam that there is no Rules framed for allotment of House to the Cabinet Ministers and the Members of the M.L.As. 4 of the Manipur Legislative Assembly by the Speaker and therefore, in absence of Rules, the authorities are allotting Houses by adopting pick and choose policy resulting in arbitrary exercise of power.