IMPORTANT POINT
The main legal point established is that the expired term of the Autonomous District Council precludes the appellant from claiming the position of Caretaker Chairman, and the absence of provisions for the appointment of Caretaker Chairmen.

JUDGMENT :

Vijay Bishnoi, J.

1. Heard Mr. H.S. Paonam, learned senior counsel appearing for the appellant. Also heard Mr. Debanand, learned Additional Advocate General, Manipur; Mr. Kh. Tarun Kumar, senior counsel and Mr. B. Deb, learned counsel appearing for the respondents.

2. This intra-court writ appeal is filed by the appellant being aggrieved with the judgment and order dated 08.08.2023, passed by the learned Single Judge in the High Court of Manipur, at Imphal, in WP(C) No. 288/2023, whereby the writ petition filed by the writ appellant has been dismissed and the interim order passed in the writ petition has been vacated.

3. The appellant has filed this writ appeal pursuant to the leave granted by the Hon’ble Supreme Court vide order dated 29.08.2023, passed in Special Leave to Appeal (C) No. (S) 18591/2023.

4. The brief facts of the case are that the elections for the Ukhrul Autonomous District Council (hereinafter referred to as “ADC, Ukhrul”) were held in the year 2015 and the notification of the members elected to the Council was issued on 17.06.2015. Subsequently, one Dr. Yaronsho Ngalung was elected as the Chairman of the ADC, Ukhrul, whereas the appellant was elected as the Vice-Chairman of the said Council. The term of office of the members of the Council was to be expired on completion of five years from the date of issuance of the notification of their election. However, prior to that, the term of the Council was extended for a period of six months w.e.f. from 01.06.2020 by the Hon’ble Governor of Manipur vide order dated 19.03.2020. As such, the term of the Council was extended up to 30.11.2020. However, the Government of Manipur, vide order dated 30.11.2020, decided to supersede the Autonomous District Councils of the State of Manipur by the orders of the Hon’ble Governor of Manipur and appointed the respective Deputy Commissioners to exercise the powers and duties conferred and imposed upon the Autonomous District Councils under the Manipur Hill Areas District Council Act, 1971 (hereinafter referred to as “the Act of 1971”). The order dated 30.11.2020 passed by the Government of Manipur is reproduced hereunder:

“ORDER BY THE GOVERNOR OF MANIPUR

30th November, 2020

No. 7/1/2019-HILLS(ADC/ELEC): In exercise of the Manipur (Hill Areas) District Council Act, 1971, Section 47(1)(d) read with Section 47 (2)(b), the Governor of Manipur is pleased to supersede the 6 (six) Autonomous District Councils as the present term of the Autonomous District Councils expires on

30th November, 2020 and the administration of the District Councils cannot be carried out in accordance with the provisions of the Manipur (Hill Areas) District Council Act, 1971. Further, the Governor of Manipur is pleased to appoint the respective Deputy Commissioners to exercise all powers and duties conferred and imposed upon the Council under the Manipur (Hill Areas) District Council Act, 1971 or any other law for the time being enforced.

This order shall come into immediate effect for the smooth functioning of the administration of the Autonomous District Councils.

This is issued with the approval of the competent authority.

By orders in the name of the Governor”

5. The order dated 30.11.2020 was challenged by way of several writ petitions before the learned Single Judge of High Court of Manipur and the learned Single Judge, while issuing notices to the respondents vide order dated 27.11.2020, passed in WP(C) 613/2020, passed an interim order “directing the State respondents that the term of the District Councils in respect of the hill areas be extended till 04.12.2020 for which the State Government should issue necessary orders”.

6. It appears that no order of extending the term of the District Councils has been passed by the State Government pursuant to the interim order dated 27.11.2020, passed by the learned Single Judge in WP(C) No. 613/2020. However, WP(C) No. 613/2020 and other connected writ petitions came to be allowed by the Single Bench in the High C