Substantial compliance with the provision for delivery of requisition to the Adhyaksha is sufficient, and the observance of democratic principles and majority rule is crucial in the functioning of the Zilla Parishad.

M.B.K. Singh, J.

1. These two writ appeals being W.A. No. 38 of 2008 and W.A. No. 39 of 2008 have been filed challenging the common judgment and order dated 12.03.2008 passed by a learned Single Judge of this Bench disposing of W.P.(C) No. 136 of 2008 and W.P.(C) No. 127 of 2008 jointly. Since a common question of law and facts are involved in these two appeals, they are proceeded jointly.

2. We have heard Mr. N. Kumarjit Singh, learned Counsel appearing on behalf of the appellants, Mr. H.S. Paonam, learned Counsel appearing on behalf of the principal respondents and Mr. Th. Ibohal Singh, learned Addl. GA appearing on behalf of the Govt. respondents.

3. The principal respondents in these two writ appeals are six of 11 elected members of Bishnupur Zilla Parishad and they filed the above said two writ petitions. The appellant No. 1 and the appellant No. 2 are the Adhyaksha and the Up-Adhyaksha of the said Zilla Parishad and they were the respondents 5 and 6 respectively in both the writ petitions.

4. In W.P.(C) No. 127 of 2008, the present principal respondents, who were the writ petitioners, were praying mainly for directing the Deputy Commissioner, Bishnupur District, Bishnupur and the Chief Executive Officer, Bishnupur Zilla Parishad for holding election of new Adhyaksha and Up-Adhyaksha in place of the respondents 5 and 6 respectively alleging that motion of No-Confidence as against the two respondents had been carried through in a special meeting on 13.02.2008.

5. In the above said writ petition, according to the writ petitioners, on 29.01.2008, they submitted a requisition for consideration of No-Confidence Motion against the Adhyaksha and the Up-Adhyaksha, to the Adhyaksha herself in the Office Chamber of the Deputy Commissioner, Bishnupur in the presence of the Deputy Commissioner (D.C. for short), Bishnupur and the submission of the requisition was duly photographed. Further, according to the writ petitioners, the requisition was also published in a local daily for wide information and it was furnished to the D.C. Bishnupur as well as to the Chief Executive Officer (C.E.O. for short), Bishnupur Zilla Parishad for information.

6. On the other hand, the present appellants denied the alleged fact of the said requisition having been submitted to the Adhyaksha on 29.01.2008.

7. Moreover, according to the writ petitioners, on failure of the Adhyaksha to discharge her duties as provided Under Section 57(4) of the Manipur Panchayati Raj Act, 1994, herein referred to as the 'Act', in connection with convening of a special meeting of the Zilla Parishad for consideration of the No-Confidence Motion, they made an application dated 05.02.2008 to the D.C, Bishnupur for directing the C.E.O., Bishnupur for convening a special meeting for consideration of the Motion. Thereafter, according to the writ petitioners, the D.C, Bishnupur directed the C.E.O., Bishnupur Zilla Parishad to take appropriate action under the provisions of the Act of 1994 and the C.E.O. issued a notification dated 06.02.2008 notifying that a special meeting for consideration of the said No-Confidence Motion would be held on 13.02.2008 at 11.00 A.M. At the Conference Hall of the Mini Secretariat. As per the allegations of the writ petitioners, the notification was also published in the local daily, the Sangai Express on 07.02.2008. It was also alleged by the writ petitioners that as per the schedule, the special meeting was held on 13.02.2008 wherein only six members were present and that the said Motion of No-Confidence was carried through unanimously. Further, according to the writ petitioners, though on 13.02.2008 itself, copies of the proceedings of the said meeting were forwarded to the C.E.O., Bishnupur Zilla Parishad, the D.C., Bishnupur and RD & PR, Govt. of Manipur with a request for causing necessary action to be taken for the elections of new Adhyaksha and Up-Adhyaksha as per Rules, no action was taken and as per information received from the C.E.O., the