The success or defeat of a motion of 'no-confidence' takes place on the floor of the house of the Council and within the four walls of the house/room of the Council.

Kh. Nobin Singh, J.

1. Heard Shri N. Surendrajit, learned counsel with Shri P. Tamphamani, learned counsel appearing for the petitioners in W.P. (C) No. 639 of 2015 and for the private respondents in W.P. (C) No. 702 of 2015; Shri Serto T. Kom, learned counsel appearing for the petitioners in W.P. (C) No. 702 of 2015 and for the private respondents in W.P. (C) No. 639 of 2015 and Shri Y. Ashang, learned Government Advocate appearing for the State Respondents.

2. Since both the writ petitions arise out of the similar set of facts, the same are disposed of by this common judgment and order.

W.P. (C) No. 639 of 2015:

3.1 According to the petitioners, they are the residents of Kumbi and some of them are elected as Councillors and some of them are members of the Ward Development Committee, Kumbi Municipal Council which came to be constituted under the provisions of the Manipur Municipalities Act, 1994. The Kumbi Municipal Council was upgraded from the Kumbi Nagar Panchayat with effect from 28-02-2014 vide notification dated 28-02-2014 issued by the State Government. The last election of the Kumbi Nagar Panchayat being held on 03-01-2011, the term of which will expire in January, 2016 and the following persons were declared elected as Councillors thereof:--

From the day i.e., 28-02-2014, all the elected 9 (nine) Councillors, Kumbi Nagar Panchayat became the duly elected Councillors, Kumbi Municipal Council. Shri M. Bineshwar Singh is the Chairperson, Kumbi Municipal Council.

3.2 As many as five Councillors submitted a requisition dated 29-05-2015 to the Executive Officer under Section 31(2)(i) of the Manipur Municipalities Act, 1994 for initiating a motion of "no-confidence" against the Chairperson, Kumbi Municipal Council and the same was forwarded to Secretary (MAHUD) by the Executive Officer vide its letter dated 04-06-2015 with a request to nominate an officer to preside the special meeting. The Under Secretary (MAHUD), Government of Manipur vide its letter dated 06-06-2015 conveyed the approval of the Government for holding a special meeting for consideration of the motion of "no-confidence" against the Chairperson and informed that the Deputy Commissioner, Bishnupur had been appointed to preside over the special meeting. The Deputy Commissioner vide its letter dated 08-06-2015 directed the Executive Officer, Kumbi Municipal Council to call for a special meeting for consideration of the said motion of "no-confidence" against the Chairperson and in compliance thereof, the Executive Officer, on the same day, notified that the special meeting be held on 19-06-2015 at 11.30 am in the office of the SDO, Moirang.

3.3 The special meeting of the said Kumbi Municipal Council was held on 19-06-2015, presided by the SDO, Moirang, wherein all the Councillors were present and six Councillors voted in favour of the motion of "no-confidence" and accordingly, a proceeding thereof signed by the Executive Officer, was submitted to the Deputy Commissioner who, in turn, submitted the same to the Secretary (MAHUD), Government of Manipur vide his letter dated 19-06-2015.

3.4 The validity and correctness of the said proceedings and the letter dated 19-06-2015 came to be challenged before this Court by way of a writ petition being W.P. (C) No. 558 of 2015 which was allowed, on the basis of the submissions of the learned counsels appearing for the respondents therein, setting aside the proceedings of the special meeting held on 19-06-2015 and the letter dated 19-06-2015 of the Deputy Commissioner, Bishnupur.

3.5 On 17-07-2015, six Councillors submitted another requisition for a motion of "no-confidence" against the Chairperson under the provisions of Section 31(2)(i) of the Manipur Municipalities Act, 1994 to the Executive Officer who forwarded the same to the Deputy Commissioner with a copy endorsed to the Director (MAHUD) and the Deputy Secretary (MAHUD) vide its letter dated 30-07-2015 conveyed the approval of the Government for consideration of the