Manipur High Court
Shri. Laishram Arenkumar Singh ... vs The State Of Manipur Through The ... on 29 November, 2023
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C)No.644 of 2023
1. Shri. Laishram Arenkumar Singh (Caretaker Councillor Ward No.4),
aged about 51 years, S/o L. Ibobi Singh, resident of Nagamapal
Singjubung Leirak, P.O. & P.S. Imphal, Imphal West District, Manipur-
795001.
2. Shri. Hijam Nutanchandra Singh (Caretaker Councillor Ward No.3),
aged about 55 years, S/o Hijam Gunachandra Singh, a resident of
Thangmeiband thingel Leikai, P.O. & P.S. Imphal, Imphal West
District, Manipur 795001.
3. Shri. Thokchom Purnachandra Singh (Caretaker Councillor Ward
No.2) aged about 71 years, S/o (L) Th. Kullabidhu Singh, resident of
Thangmeiband Lourung Purel Leikai, P.O. & P.S. Imphal, District
Imphal West, Manipur.
...Petitioners
- Versus -
1. The State of Manipur through the Commissioner(MAHUD), Govt. of
Manipur, Old Secretariate Block, P.O. & P.S. Imphal, Imphal West
District, Manipur-795001.
WP(C) NO. 644 OF 2023: L. ARENKUMAR SINGH & ORS. V. STATE OF MANIPUR & ORS. 1
2. The Director (MAHUD), PDA Complex, near 2nd M.R. Gate, P.O. &
P.S. Imphal, Imphal West District, Manipur 795001.
3. The Imphal Municipal Corporation represented by its Municipal
Commissioner, Imphal Municipal Corporation, Manipur Manipur
having its office at Imphal Municipal Corporation Complex, Kangla
Park, P.O. Imphal, P.S. Imphal P.S. City Police Station, Imphal West
District, Manipur-795001.
.... Respondents.
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the Petitioners : Mr. Th. Khagemba, Adv.
For the Respondents : Mr. Y. Ashang, GA for R1& 2,
Mr. U. Augusta, Adv. for R3.
Date of Hearing : 31.10.2023
Date of Judgment & Order : 29.11.2023.
[
JUDGMENT & ORDER
(CAV)
[1] Heard Mr. Th. Khagemba, learned counsel appearing for the
petitioners, Mr. Y. Ashang, learned Government Advocate for the State
respondents and Mr. U. Augusta, learned counsel for the respondent No.3.
WP(C) NO. 644 OF 2023: L. ARENKUMAR SINGH & ORS. V. STATE OF MANIPUR & ORS. 2
[2] The petitioners are the Care Taker Councilors of the Ward No. 4,
3 & 2 of the Imphal Municipal Corporation (IMC), respectively.
[3] The petitioners were allowed to continue as Care Taker
Councilors of the concerned Urban Local Bodies of the IMC vide order dated
06.03.2023 issued by the Under Secretary (MAHUD), Government and
Manipur. Even after expiry of their 5(five) year tenure, the Imphal Municipal
Corporation has been implementing various programs under the 15 th Finance
Commission award tied Grant and untied Grant installment 2020-21.
[4] On 29.08.2022 the Director (MAHUD) Government of Manipur
wrote a letter to the Municipal for submission of work program to be
implemented under 15th Finance commission - Basic Grant (tied) 2nd
installment 2020-21. On 23.06.2023 the Director (MAHUD), Government of
Manipur informed the Municipal Commissioner, IMC that the Government has
conveyed approval for work programmes constituting 25% (Corporation Level)
to be implemented under 15th Finance Commission - Basic Grant (Tied), 2nd
Installment 2020-21. A sum of Rs. 2,00,87,817(Rupees two crore Eighty Seven
Thousand Eight Hundred and Seventeen) only were released to the respective
Municipal Corporation through Public Financial Management System (PFMS).
The Municipal Commissioner, IMC submitted revised work programme to be
implemented under the 15th Finance Commission, Basic Grant (tied), 2nd
WP(C) NO. 644 OF 2023: L. ARENKUMAR SINGH & ORS. V. STATE OF MANIPUR & ORS. 3
Installment 2020-21 for an amount of Rs.6,02,63,450/-(Rupees Six Crore Two
Lakh Sixty Three Thousand Four Hundred Fifty). Joint Secretary (MAHUD),
Government of Manipur wrote a letter dated 16.08.2023 to the Director
(MAHUD) Manipur by informing that State Government may execute the work
of 75% under 15th Finance Commission - Basic Grant (Tied) 2nd Installment
2020-21 and 15th Finance Commission - Basic Grant (Untied) 2nd Installment
2020-21 in respect of Imphal Municipal Corporation since the term of 5(Five)
years of Ward Development Committee of Imphal Municipal Corporation has
expired. Since the above letter is discriminatory, the Ward
Councilors/Corporators (Caretaker) of Imphal Corporation submitted a
representation on 18.08.2023 to the Commissioner (MAHUD) Government of
Manipur for withdrawal of the letter dated 16.08.2023.
[5] It is stated that no step has been taken to the representation
submitted by the petitioners and other elected members. It is further stated that
for other Municipal Councils and Nagar Palikas, the works are being executed
by the Ward Development Committee even after the expired of the 5(five) years
tenure. In Para 7, the petitioners have cited the case of the Nambol Municipal
Corporation where the Ex-Care Taker/ Councilors were permitted to execute
the work under 15th Finance Commission.
[6] Vide order dated 15.09.2023, this Court issued notice. However,
counter affidavit has not been filed by the respondents. On 18.10.2023 this
WP(C) NO. 644 OF 2023: L. ARENKUMAR SINGH & ORS. V. STATE OF MANIPUR & ORS. 4
Court took on record an additional affidavit dated 16.10.2023 filed by the
petitioners indicating that the elected members of the other Municipal Councils
such as Nambol Municipal Council, Kakching Municipal Council and Thoubal
Municipal Council are permitted to undertake the work allocated under 15 th
Finance Commission by the Care taker Councilors/members/ even after the
expiry of 5(Five) years' time.
[7] Mr. Th. Khagemba learned counsel for the petitioners submits that
singling out of the Imphal Municipal Corporation by the impugned order dated
16.08.2023 issued by the Joint Secretary (MAHUD) Government of Manipur for
taking up the work under 15th Finance Commission allocated to the Imphal
Municipal Corporation to be executed by the State Government is highly
arbitrary, illegal and discriminatory. The learned counsel for the petitioners
further submits that the impugned order dated 16.08.2023 may be set aside
and the petitioners and others similarly situated persons of Imphal Municipal
Council may be permitted to execute the work earmarked under 15 th Finance
Commission award.
[8] This Court has considered the submissiosn made at the Bar and
the materials on record. The State respondents have not filed any counter
affidavit. From the materials record, it is seen that for other Municipal Councils
such as the Nambol Municipal Council, Thoubal Municipal Council etc., the
WP(C) NO. 644 OF 2023: L. ARENKUMAR SINGH & ORS. V. STATE OF MANIPUR & ORS. 5
Care Taker Councilors/members are permitted to execute the work under 15 th
Finance Commission award even after the expiry of their 5(five) years tenure.
However, in the case of the Imphal Municipal Corporation, the State
respondents had issued a letter dated 16.08.2023 for taking up the work by the
State Government as the 5(five) years terms of the Ward Development
Committee of the Imphal Corporation has expired and no reason is provided for
singling out of Imphal Municipal Corporation for denying the work to be
executed by the Care Taker/ members of the Ward Committee. In the case of
other Municipal Corporations, the same work is allowed to be executed by the
similarly situated persons as the Petitioners herein. Reference may be made to
the decision of the Hon'ble Supreme Court in Re. Special Courts Bill
MANU/SC/0039/1978: [1979] 2SCR476 which held as under:
"4. The principle underlying the guarantee of Article 14 is not that
the same rules of law should be applicable to all persons within the
Indian territory or that the same remedies should be made available
to them irrespective of differences of circumstances. It only means
that all persons similarly circumstanced shall be treated alike both
in privileges conferred and liabilities imposed. Equal laws would
have to be applied to all in the same situation, and there should be
no discrimination between one person and another if as regards the
subject matter of the legislation their position is substantially the
same."
WP(C) NO. 644 OF 2023: L. ARENKUMAR SINGH & ORS. V. STATE OF MANIPUR & ORS. 6
[9] This Court is of the view that the content of the letter dated
16.08.2023 issued by the Joint Secretary (MAHUD) Government of Manipur to
the Director (MAHUD) Manipur for undertaking the work under 15 th Finance
Commission entrusted to the Imphal Municipal Corporation on expiry of the
terms of the various Committee is discriminatory and violates the principle of
equality as enshrined in the article 14 of the Constitution. In the present case
without assigning any reason equals have been treated unequally.
[10] Accordingly the impugned order dated 16.08.2023 issued by the
Joint Secretary (MAHUD) is set aside and petitioners are allowed to execute
the work under the 15th Finance Commission-Basic Grant (Tied) and (Untied)
2nd instalment 2020-21.
[11] There will be no order as to costs.
JUDGE
FR/NFR
John Kom
KH. Digitally signed by
KH. JOSHUA
JOSHUA MARING
Date: 2023.11.30
MARING 13:13:15 +05'30'
WP(C) NO. 644 OF 2023: L. ARENKUMAR SINGH & ORS. V. STATE OF MANIPUR & ORS. 7
