Manipur High Court
State Of Manipur; & Ors vs Lunthang Haokip; & Ors on 11 February, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
KABORAMBA Digitally
KABORAMBAM
signed by
M SANDEEP SANDEEP SINGH
Date: 2025.02.12
SINGH 08:05:13 +05'30'
Item No. 7-12
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC (W.A.) No. 20 of 2021
State of Manipur; & Ors.
Applicants
Vs.
Lunthang Haokip; & Ors.
Respondents
With
MC (W.A.) No. 23 of 2021
With
MC (W.A.) No. 28 of 2021
With
W.A. No. 18 of 2021
With
W.A. No. 19 of 2021
With
W.A. No. 22 of 2021
BEFORE
HON'BLE THE CHIEF JUSTICE MR. D. KRISHNAKUMAR
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
11.02.2025
D. Krishnakumar, C.J. :
Mr. M. Devananda, learned Additional Advocate General, Manipur,
appears for the appellants and Ms. N. Savitri, learned counsel, appears for the
respondents.
It has been brought to the notice of this Court that the present
matters are covered by the Judgment dated 15.03.2024 passed by the Gauhati
High Court in W.A. No. 353 of 2023. Relevant paras 49, 50 & 51 are extracted
herein below:-
"49. The present case falls within the provision of Section 47(1)(d),
because on account of expiry of the term of the ADC, Ukhrul, a situation
has arisen in which the administration of the ADC, Ukhrul cannot be carried
out in accordance with the provisions of this Act. As such, the State
Government, in exercise of powers under Section 47(2)(b), can appoint an
officer or authority as Administrator to function and exercise the powers
and duties conferred and imposed upon the ADC, Ukhrul, under the Act of
1971 and any other law.
50. While making the above observations, we are conscious of the fact
that the learned Single Judge of the Manipur High Court, vide judgment
dated 02.03.2021 passed in WP(C) 613/2020 and other connected writ
petitions, has quashed the order dated 30.11.2020 issued by the State
Government appointing the Deputy Commissioners as Administrators of the
Autonomous District Councils to exercise all the powers conferred and
imposed upon the Councils, treating it as illegal. However, we have
reservations about the said view of the learned Single Judge, but we refrain
ourselves from commenting on it since it is informed that an intra-court
appeal, against the judgment dated 02.03.2021, is pending consideration
before the Division Bench of the High Court of Manipur, at Imphal.
51. We have also taken note of the fact that despite expiry of the term
of the Autonomous District Councils in the State of Manipur on 30.11.2022,
fresh elections of the District Councils have not been held till date. In such
circumstances, we direct the State Government as well as the State Election
Commission of the State of Manipur to conduct the elections of the
Autonomous District Councils by observing all the formalities, as
expeditiously as possible."
In the light of the aforesaid order, the issue has already been agitated
before the Gauhati High Court and the same has already attained finality.
Further, in paragraph 51 of the above extracted order, the State
Government as well as the State Election Commission of the State of Manipur are
directed to conduct the elections of the Autonomous District Councils by observing
all the formalities, as early as possible.
Mr. M. Devananda, learned Additional Advocate General, Manipur, is
directed to file an affidavit before this Court in this regard before the next date of
hearing.
List these matters on 04.03.2025.
Registry is directed to print the name of Mr. Ch. Momon, learned
counsel for the State Election Commission, in the cause list.
JUDGE CHIEF JUSTICE
Sandeep
