R LALSIAMA Vs. DISTRICT COUNCIL

JUDGEMENT

(1.) HEARD Mr. S. N. Meitei, learned counsel for the petitioner as well as Mr. N. Sailo assisted by Mrs. Helen Dawngliani, appearing on behalf of the respondents.

(2.) THE Notification dated 24. 07. 2008 bearing Memo No. V. 12011/4/2007-08-LADC/lad issued by the Executive Member on behalf of the Chief Executive Member, Lai Autonomous District Council, Lawngtlai dissolving Lungpher Village Council is under challenge in this writ petition.

(3.) THE LADC under whose jurisdiction Lungpher Village Council is administratively discharging its functions, on receipt of a complaint against the Village Council, constituted a Commission comprising three members to look into the complaint vide Notification No. V12011/4/07-LADC/lad Dated 9. 7. 2008. The Commission, it is alleged that without issuing any show cause and offering an opportunity of being heard in respect of the allegations so brought, made an enquiry and submitted a report on the basis of which the impugned notification dissolving the Village Council came up. It is also alleged that although, the petitioner was supplied with copy of a notification of constitution of a Commission alongwith a copy of the complaint, no show cause was issued by the Commission to project its case in answer to the allegations so brought. That apart, the petitioner was not given opportunity of being heard in respect of the complaint, charges brought against. There is total violation of the principles of natural justice for which the impugned notification cannot stand in the eye of law. The petitioner, therefore, prays this court to set aside and quash the notification by which the Village Council has been dissolved.