Elected members of the Chakma Autonomous District Council are entitled to loans as per amended rules, necessitating action by the council despite current financial constraints.

JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. T. Lalzekima, learned for the petitioner. Also heard Mr. Lalchhanliana Khiangte, learned counsel for the respondents.

This is a Writ Petition filed under Article 226 of the Constitution of India, for the issuance of the appropriate writ or direction to the respondents being aggrieved by the action of the respondents in not allowing the petitioner to avail loan amount to him as per Rule 17 (1) (a) (b) of the Chakma Autonomous District Council (Salaries, Allowances & Pensions of Members) Rules, 2003.

2. Mr. T. Lalzekima, learned counsel for the petitioner submits that the petitioner was elected as member of the Chakma Autonomous District Council from the 15th Rengkashya, MDC Constituency on 19.05.2023. The petitioner being an elected member of the Chakma Autonomous District Council filed an application under Rule 17 (1) of the Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Rules, 2023 for granting of loan amounting to Rs. 3 lakhs (Rupees three lakhs only) for the construction of houses and loan advance of Rs. 3 lakhs (Rupees three lakhs only) for the purchase of Motor Vehicle as per his entitlement under the said Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Rules, 2023 on 02.06.2023.

3. Thereafter, the Chairman of Chakma Autonomous District Council constituted a committee of Privileges of Members of Chakma Autonomous District Council which held a meeting on 12.07.2023 wherein, the terms and conditions in respect of sanctioning loans to the members of Chakma Autonomous District Council was considered. One of the terms and conditions provided that a member/applicant shall execute a deed of undertaking in the prescribe format, undertaking to use the loan for the purpose for which it is sanctioned. However, since no steps have been taken till date for sanctioning any loan amount to the petitioner the petitioner has filed the instant writ petition for regularization of his entitlement as per the Chakma Autonomous District Council Rules (Salaries, Allowances and Pensions of Members) Rules, 2023.

4. The learned counsel further submitted that the petitioner being an elected member of the Chakma Autonomous District Council may be granted loan in terms of the Chakma Autonomous District Council Rules (Salaries, Allowances and Pensions of Members) (Third Amendment) Rules, 2023 wherein, the entitlement to the loan amount has increased from Rs. 3 lakhs (Rupees Three Lakhs only) to Rs. 10 lakhs (Rupees 10 Lakhs only) each for the construction of house and loan advance for the purchase of Motor Vehicle under the said Rule 17 (1) (a) (b) of the Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Amended Rules, 2023. In support of his submission the learned counsel for the respondents has relied on the Judgments of the Apex Court in the State of Mizoram and Anr. Vs. Mizoram Engineering Service Association and Anr. /b>. (2004) 6 SCC 218 and All India Judges Association Vs. Union of India , 2024 INSC 26.

5. Mr. Lalchhanliana Khiangte, learned counsel for the respondents submitted that the respondents are not adverse to granting loan to the petitioner in terms of his entitlement under the Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Amended Rules, 2023.

6. However, the concerned respondents at present are not having any sufficient funds to grant the loan amount as applied for by the petitioner, he submitted that the only reason why the loans cannot be sanctioned at the stage by the Chakma Autonomous District Council is due to lack of funds and that the sanction