Akoijam Sanatomba Singh; & Ors vs Shri Thongam Shyamo Singh; & Ors
2023 Latest Caselaw 304 Mani

              Digitally signed by
KABORAMBA KABORAMBAM
M SANDEEP SANDEEP SINGH
          Date: 2023.10.31
SINGH     16:38:03 +05'30'
                                                                                                      Item No. 12
                                                IN THE HIGH COURT OF MANIPUR
                                                          AT IMPHAL
                                                         W.A. No. 7 of 2020

                                    Akoijam Sanatomba Singh; & Ors.
                                                                                                  Appellants
                                                       Vs.
                                Shri Thongam Shyamo Singh; & Ors.
                                                                                                Respondents

BEFORE HON'BLE THE CHIEF JUSTICE MR. SIDDHARTH MRIDUL HON'BLE MR. JUSTICE MV MURALIDARAN 30.10.2023 Siddharth Mridul, C.J.:

Mr. A. Romendro Sharma, learned counsel, appears for the appellants.

Mr. Th. Marhira, learned counsel, appears for respondent Nos. 1-9 and Mr. Y.

Romeshchandra, learned counsel, appears for respondent Nos. 12 & 13.

It is an admitted position that the Co-ordinate Bench, comprising of

Hon'ble the Chief Justice Mr. Sanjay Kumar (as he then was) and Hon'ble Mr.

Justice Lanusungkum Jamir, passed an order dated 06.10.2021 in W.A. No. 9 of

2020, covering on all fours, the very issues that arise for consideration in the

present appeal; in the following terms :

"Heard Mr. M. Rarry, learned Addl. A.G. appearing for the appellants, and Mr. Mahira, learned counsel for respondents No.1 to 9.

We are informed that the term of the Thoubal Municipal Council expired on 13/02/2021. In effect, the cause in this writ appeal is rendered purely academic, as the issue no longer survives for consideration on merits. However, Mr. Rarry, learned Additional A.G., would point out that the learned Judge, by interpreting the statutory provisions, held in favour of the Chairperson of the Thoubal Municipal Council, and such interpretation may carry precedential value to the detriment of the authorities and the statute.

Given the fact that the cause in this writ appeal no longer remains alive, we are of the opinion that it would be wholly unnecessary for this Court to adjudicate even on legal issues in a vacuum.

W.A. No. 7 of 2020 1|Page The writ appeal is accordingly disposed of making it clear that the legal issues that arise for consideration in this appeal, in connection with the interpretation of the relevant statutory provisions, are left open for consideration on merits in a suitable case in future. In consequence, the judgment under appeal shall not have any precedential value in relation to such legal issues.

There shall be no order as to costs.

A copy of this order shall be supplied online or through whatsapp to the learned counsel."

In view of the foregoing, it is observed that the present appeal has also

consequently been rendered infructuous.

It is, however, made clear, as observed in the above extracted earlier

order dated 06.10.2021, that the legal issues that arise for consideration in the

present appeal, in connection with the interpretation of the relevant statutory

provisions, shall remain open for consideration on merit in a suitable case in

future.

The writ appeal is accordingly disposed of, as having been rendered

infructuous.

                     JUDGE                                 CHIEF JUSTICE
Sandeep




W.A. No. 7 of 2020                                                                2|Page