Y BUDHA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Kotiswar Singh, learned counsel for the petitioner, Mr.Lalit Kumar for the respondent Nos. 2, 3 and 4 and Mr. Shyamkishore Singh, Sr. GA, Manipur, for the respondent No. 1.

(2.) The nineteen petitioners are all Councillors of the Imphal Municipal Council and their case in the writ petition is that the office of the Chairperson of Imphal Municipal Council fell vacant and to fill up the said vacancy, the Executive Officer of Imphal Municipal Council circulated notice dated 15.5.1999 to all the Councillors to hold a meeting at 1 AM on 19.5.1999 in the Meeting Hall of the Imphal Municipal Council for electing a new Chairperson of Imphal Municipal Council. Pursuant to the said notice, the Councillors arrived at the Meeting Hall of the Imphal Municipal Council for electing a new Chairperson but they found that by a notification dated 19.5.1999 issued by the Executive Officer of Imphal Municipal Council, the Councillors were informed that the meeting for electing a new Chairperson of Imphal Municipal Council was postponed pursuant to Government of Manipur letter dated 18.5.1999 and the Deputy Commissioner, Imphal West letter dated 18.5.1999. By the letter dated 18.5.1999, Government of Manipur, Secretariat of Mahud Department, the Deputy Commissioner, Imphal West has been intimated that the Government has decided to postpone the meeting to elect a new Chairperson and Vice-Chairperson under Section 221 of the Manipur Municipalities Act, 1994 (for short "The Act"). Aggrieved, the petitioner have moved this Court in the present writ petition for appropriate relief.

(3.) Mr. Kotiswar Singh, learned counsel for the petitioners, submitted that under the provisions of sections 24 and 25 of the Act, a vacancy in the office of the Chairperson of Municipal Council on account of any reason other than expiry of the term of the office of the Chairperson has to be filled up within 21 days from the date of occurrence of the vacancy and that the Councillors are to elect one among themselves as the Chairperson and Vice-Chairperson of the Municipal Council. According to Mr. Kotiswar, therefore, it is the Councillors of the Imphal Municipal Council who are to elect the Chairperson in case of vacancy in the office of the Chairperson and in the instant case since the vacancy has arisen on the resignation of Shri I Bira Singh on 9.4.1999 as notified by notification dated 29.4.1999, the Councillors were fully empowered under the provisions of Section 24 of the Act to elect a new Chairperson and that the Government has acted contrary to the provisions of the said Act by postponing the election of the new Chairperson of the Imphal Municipal Council by its impugned letter dated 18.5.1999.