Manipur High Court
Khaidem Ibohal Singh vs State Of Manipur And 2 Ors on 4 September, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Digitally Item no. 7 & 8
OINAM signed by
OINAM IN THE HIGH COURT OF MANIPUR
THOIB THOIBA
MEITEI
AT IMPHAL
A Date:
2025.09.04 W.P. (C) No. 206 of 2024 with
MEITEI 17:23:02
+05'30'
MC(W.P. (C)) No. 172 of 2024
Khaidem Ibohal Singh
... Petitioner
- Versus -
State of Manipur and 2 Ors.
... Respondents
B E F O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
04.09.2025
[1] Heard Mr. A. Mohendro, learned counsel along with Mr. David
Boon, learned counsel and Mr. Kh. Lupenjit, learned counsel for the petitioner,
Mr. H. Debendra, learned Dy. AG assisted by Mr. A. Bheigya, learned jr. GA for
the State respondents and Mr. Th. Babloo, learned counsel for the private
respondent.
[2] In terms of the judgment & order dated 29.08.2025 passed by
Division Bench of this Court in W.A. No. 9 of 2024 with W.A. No. 10 of 2024 and
W.A. No. 11 of 2024, all orders of appointment of the Administrative Committee
of the Gram Panchayat and Administrator for Zilla Parishad, issued by State Govt.
for a term exceeding the period of 6 (six) months and till the election are held,
are all set aside. The State Govt. is directed to conduct fresh election within a
period of 6 months and till the next election is conducted, the State Govt. is at
liberty to appoint fresh Administrative Committee for the Gram Panchayat and
Administrator for Zilla Parishad in terms of the provisions of Section 22, Section
92 and Section 109 of the Manipur Panchayati Raj, Act 1994 for a period not
exceeding 6 months. Hence, the present matters have become infructuous. The
relevant portions of the judgment dated 29.08.2025 is reproduced herein below:
"CONCLUSIONS & DECISIONS:
[64] In view of the above findings, observations and directions,
we hold and direct as follows:
i) The present writ appeals being W.A. No. 9 of 2024, W.A.
No. 10 of 2024 & W.A. No. 11 of 2024 are allowed and the
directions of the Ld. Single Judge to allow the elected
members to continue as members of Gram Panchayat and
Zila Parishad till the election are held, are set aside.
ii) The tenure of Gram Panchayat cannot exceed the period
of 5(five) years as mandated by Article 243E of the
Constitution of India and Section 20 of the Manipur
Panchayati Raj Act, 1994.
iii) The provision of Section 22 of the Act is both transitionary
and permanent in nature.
iv) The amended provision of Section 22(3) of the Manipur
Panchayati Raj Act as amended in 1996 does not confer
any power to extend the tenure of the Gram Panchayat
beyond the stipulated period of 5 years or till the election
are conducted.
v) All voters in the Gram Panchayat are eligible to be elected
as members of the Administrative Committee under Section
22 of the Act.
vi) When the elected members of the GP are appointed as
members of the Administrative Committee, they will be
eligible to exercise the functions and powers of the Gram
Panchayat under Section 22(3) of the Act.
vii) Section 109 of the Manipur Panchayati Raj Act, 1994 is a
general clause empowering the authority to remove
difficulties and in doing so, the Authority has no power to
appoint Administrative Committee beyond the period of 6
months and/or till the election are notified.
viii) All orders of appointment of the Administrative Committee
of the Gram Panchayat and Administrator for Zilla Parishad,
issued by State Govt. in pursuance of the interim order
dated 29.02.2024 for a term exceeding the period of 6 (six)
months and till the election are held, are all set aside.
ix) All other orders of appointment of the Administrative
Committee of the Gram Panchayat and Administrator for
Zilla Parishad, issued by State Govt. for a term exceeding
the period of 6 (six) months and till the election are held,
are also all set aside.
x) The State Govt. is directed to conduct fresh election within
a period of 6 months.
xi) Till the next election is conducted as directed in para (x)
above, the State Govt. is at liberty to appoint fresh
Administrative Committee for the Gram Panchayat and
Administrator for Zilla Parishad in terms of the provisions
of Section 22, Section 92 and Section 109 of the Manipur
Panchayati Raj, Act 1994 for a period not exceeding 6
months."
[3] In view of the above, the present W.P. (C) No. 206 of 2024 and
MC(W.P. (C)) No. 172 of 2024 are disposed of as infructuous.
[4] Earlier interim order, if any, is merged with the final order.
JUDGE
Thoiba
