T. Nanda Kumar Singh, J.

1. Writ Petition (C) No. 60 of 2011 and W.P. (C) No. 75 of 2011 are jointly heard for disposal by a common judgment and order, since the two writ petitions are challenging the notification dated 24.01.2011 issued by the Chief Executive Officer, Imphal East Zilla Parishad and also the same proceedings of the Special Meeting of Imphal East Zilla Parishad held on 27.01.2011 and being disposed of by this common judgment and order. Heard Mr. H.S. Paonam, learned senior counsel assisted by Mr. Arunkumar, learned counsel for the petitioners and also Mr. N. Kumarjit, learned senior counsel assisted by Mr. P. Tamphamani, Advocate appearing for respondent No. 6 (Smt. P. Bimola Devi, Adhyaksha, Imphal East Zilla Parishad, Porompat, Manipur, and Mr. R.S. Reisang, GA appearing for the State respondents.

2. The core questions for consideration by this Court in these two writ petitions are: (1) as to whether the time frame under Section 57(4) of the Manipur Panchayati Raj Act, 1994 in the matter of no-confidence-motion against the Adhyaksha and Upadhyaksha, is mandatory or directory in its nature; and (2) as to whether notice for convening special meeting of the Zilla Parishad for consideration of no-confidence-motion against the Adhyaksha or Upadhyaksha under Section 57(4) of the Manipur Panchayati Raj Act, 1994 is to be signed by the Adhyaksha only and not by Chief Executive Officer as he is not empowered to sign such notice.

3. FACTUAL BACKGROUND:

In order to decide the said questions only the relevant facts, sans unnecessary details, are noted.

Election of the Zilla Parishad for the purpose of constituting and establishing new Zilla Parishad for the relevant term is held under Section 50 of the Manipur Panchayati Raj Act, 1994 (hereinafter referred to as "Act, 1994"). By notification dated 28.09.2007 Government of Manipur notified the elected members of the Imphal East Zilla Parishad which consists of 19 Zilla Parishad constituencies. The said notification was also published in the Extraordinary Manipur Gazette on 28.09.2007. The writ petitioners are elected members of the Imphal East Zilla Parishad. Eight of the elected members of the Imphal East Zilla Parishad submitted requisition notice on 22.01.2011 to the respondent No. 6 (Adhyaksha) for convening a special meeting of the Imphal Zilla Parishad for consideration of no-confidence-motion against the Adhyaksha and Upadhyaksha under Section 57(4) of the Act, 1994. The said requisition notice dated 22.01.2011 was duly received by the Adhyaksha in the early part of the office hour and the Adhyaksha by writing a note on the said requisition letter itself endorsed the same to the Chief Executive Officer, Imphal East Zilla Parishad for holding special meeting on 27.01.2011 at 11.00 a.m. in the office chamber of Adhyaksha. In pursuance of the said endorsement the Chief Executive Officer, Imphal East Zilla Parishad issued the impugned notification being No. 4/25/IE-ZP/NCM/2007/42 Porompat, 24.1.2011 to all the elected Hon'ble Zilla Parishad Members of the Imphal East Zilla Parishad that "No-Confidence-Motion against both the Hon'ble Adhyaksha and Upadhyaksha, Imphal East Zilla Parishad has been initiated by the 8 (eight) elected Hon'ble Zilla Parishad Members on the ground of activities of both Adhyaksha and Up-Adhyaksha. In pursuance of the Sub-section (4) of Section 57 of the MPR Act, 1994 read with the subsequent amendment, a Special Meeting of the elected members of Imphal East Zilla Parishad for considering the No-Confidence Motion against both the Adhyaksha and Up-Adhyaksha of Imphal East Zilla Parishad will be held on Thursday, the 27th January, 2011 at 11 A.M. at the office Chamber of the Adhyaksha, Imphal East Zilla Parishad, Porompat. All the elected Hon'ble Zilla Parishad Members are, therefore, requested to make it convenient to attend the meeting in time.

4. It is the case of the petitioners that the impugned notification dated 24.01.2011 is not valid in