JUDGMENT :

K.H. NOBIN SINGH, J.

1. Heard Shri N. Ibotombi, learned Senior Advocate appearing for the petitioner in writ petition being WP (C) No. 2 of 2018; WP (C) No. 379 of 2019 and WP (C) No. 424 of 2019 while Shri Th. Mahira, learned Advocate appearing for the petitioners in writ petition being WP (C) No. 806 of 2018; Shri M. Rarry, learned Addl. Advocate General appearing for the State in all the cases; Shri Romendro Sharma, learned Advocate appearing for the private respondents in WP (C) No. 2 of 2018 and Ms. Priyashimala, learned Advocate appearing for the Executive Officer in all the cases.

2. Since the above-mentioned writ petitions have arisen out of a similar set of facts, the same are being disposed of by this common judgment and order.

WP (C) No. 2 of 2018:

3.1. By the instant writ petition, the petitioner has prayed for issuing a writ of certiorari or any other appropriate writ to quash and set aside the letter dated 23.12.2017 written by the Under Secretary (MAHUD), Government of Manipur and the requisition dated 29.12.2017 submitted by 9 (nine) Councillors of the Thoubal Municipal Council (hereinafter referred to as “the Council”).

3.2. Facts and circumstances as narrated in the writ petition, are that in pursuance of Rule 84 of the Manipur Municipalities (Election of Councilors) Rules, 1994, a list of candidates for being elected as the Councillors of the Council was published vide Notification dated 15.01.2016 and thereafter, the petitioner was elected as the Chairperson of the Council vide Notification dated 09.02.2016.

3.3. On 24.10.2016, 9(nine) Councillors of the Council submitted a requisition to the respondent No. 4, the Executive Officer for convening a meeting for consideration of ‘No-Confidence Motion’ against the petitioner under Section 31 of the Manipur Municipalities Act, 1994 (hereinafter referred to as “the Act, 1994”). Accordingly, the Executive Officer issued a notice dated 16.11.2016 informing that a special meeting for consideration of ‘No-Confidence Motion’ against him will be held on 28.11.2016 at the conference hall of the Deputy Commissioner with the Deputy Commissioner, Thoubal at the chair. The said notice dated 16.11.2016 was assailed before this Court by 9(nine) Councillors by way of a writ petition being WP (C) No. 932 of 2016 on the ground that the Deputy Commissioner was not the competent authority under the provisions of the Act, 1994 to preside over a meeting for consideration of ‘No-Confidence Motion’ against the petitioner which was disposed of by this Court vide its order dated 30.11.2016 directing the Executive Officer to fix a date and time for convening a special meeting for consideration of ‘No-Confidence Motion’ against the petitioner for which the Vice-Chairperson was directed to chair the meeting. In compliance with the said order, the Executive Officer issued a notice dated 03.12.2016 informing that a meeting for consideration of ‘No-Confidence Motion’ against the petitioner be held on 16.12.2016 at 11:30 a.m. at the conference hall of the Council with the Vice-Chairperson at the chair.

3.4. As per the notice dated 03-12-2016, the special meeting was held on 16.12.2016 which was presided over by the Vice-Chairman who being an elected Councillor also, casted his vote. After the meeting and just before counting votes, 9(nine) Councillors of the Council objected to the casting of vote by the Vice-Chairperson, because of which the counting of votes could not be done. Accordingly, a resolution was taken by the Council to seek a clarification from the State Government whether the Vice-Chairperson has the right to cast his vote or not and to keep the ballot box in the safe custody of the Thoubal Police Station. As directed by the Council, the Executive Officer wrote a letter dated 16.12.2016 to the State Government seeking a clarification and by the said letter, the State Government was informed that the Ballot Box which was sealed in the presence of the Councillors, had been kept