Back
IN THE HIGH COURT OF MANIPUR AT IMPHAL
KH. NOBIN SINGH, J.
Shri Pheiroijam Heramani Singh, S/o Ph. Biramani Singh – Appellant
Versus
The State of Manipur – Respondent
W.P. (C) No. 795 of 2017
Decided on : 02-12-2021
Manipur Panchayati Raj Act, 1994 - Section 54 - Constitution of India, 1950 - Article 243-243-O - Manipur Panchayati Raj (Election) Rules, 1995 - Rule 98 & 99 - Reservation of office of Pradhan - General Panchayat Elections - Notification - Challenged - Reservation of women - Whether Notification and Notice were legally issued in terms of provisions of Act, 1994 and in particular, provisions of Section 54 thereof and rules made thereunder - What relief would be granted by this Court in facts and circumstances of present case - Government of Manipur did issue a Notification notifying reservation of offices of Adhyakshas and seats for SC, ST and women Zilla Parishad members in respect of four Zilla Parishads - Being aggrieved by said Notification, petitioner approached State Government by submitting a representation dated nil, which was received by office of Commissioner (RD & PR), Government of Manipur, regarding matter relating to reservation of women for office of Adhyaksha of Thoubal Zilla Parishad. However, same was not considered and disposed of without any justifiable and conceivable reason till date - According to petitioner, he is one of elected members of Thoubal Zilla Parishad, election of which was held in year, 2017 and he was elected from Charangpat constituency vide Notification issued by Principal Secretary (RD & PR), Government of Manipur.
Finding of the court: It is clearly seen that in order to decide issue involved herein, provisions of the Act, 1994 and the rules, 1995 will have to be gone into and in other words, the resolution of the issue herein would surely depend upon interpretation - Section 48 provides for the establishment of Zilla Parishad for a district while Section 49 provides for the composition thereof and numbers of elected members of Zilla Parishads are to be determined in terms of the provisions of Section 50. Section 51 provides for the reservation of the Scheduled Caste; Scheduled Tribes and women - Provisions of Section 54 and Rules 98 & 99 are plain and unambiguous with no requirement of any interpretation thereof - Admittedly, other Zilla Parishads were not made as party respondents nor were the Adhyakshas thereof made party respondents and since the election of offices of Adhyaksha of all Zilla parishads had been held, all the Adhyakshas had started discharging their duties and have been rendering their services till date. Any interference by this Court at thisstage in respect of the Adhyaksha of Thoubal Zilla Parishad would create an adverse impact upon other Adhyakshas of Zilla Parishads which may consequently disturb functioning of the Zilla Parishads - Court view that it may not appropriate for this Court to interfere with the impugned notification/notice.
Result: Writ petition disposed of
JUDGMENT :
[1] Heard Shri M. Hemchandra, learned Senior Advocate assisted by Shri Th. Rohitkumar, learned Advocate appearing for the petitioner; Shri H. Debendra, learned Government Advocate appearing for the State respondents and Shri Th. Khagemba, learned Advocate appearing for the private respondent.
[2] The validity and correctness of the Notification dated 26-07-2017 issued by the Secretary (RD & PR), Government of Manipur and the Notice dated 18-10-2017 issued by the Deputy Commissioner/District Election Officer, Thoubal District, Manipur are under challenge in this writ petition.
[3.1] According to the petitioner, he is one of the elected members of the Thoubal Zilla Parishad, the election of which was held in the year, 2017 and he was elected from the Charangpat constituency vide Notification dated 17-10-2017 issued by the Principal Secretary (RD & PR), Government of Manipur. In fact, the elections to the Zilla Parishads were held for the purpose of constituting the Zilla Parishads of Bishnupur, Imphal East, Imphal West, Thoubal, Kakching and Jiribam.
[3.2] In respect of the General Panchayat Elections, 2012, the Additional Chief Secretary (RD & PR), Government of Manipur did issue a Notification dated 16-07-2012 notifying the reservation of the offices of the Adhyakshas and seats for SC, ST and women Zilla Parishad members in respect of four Zilla Parishads, viz., Imphal East, Imphal West, Thoubal and Bishnupur and as per the said Notification, the offices of the Adhyaksha of Thoubal and Bishnupur were reserved for women.
[3.3] In respect of the General Panchayat Elections, 2017 and to the utter shock and surprise of the petitioner, the Secretary (RD & PR), Government of Manipur issued a Notification dated 26-07-2017 notifying the reservation of the offices of the Adhyaksha and seats for SC, ST and women Zilla Parishad members in respect of six Zilla Parishads, viz., Imphal East, Imphal West, Thoubal, Bishnupur, Kakching & Jiribam and as per the Notification, the offices of the Adhyaksha of Thoubal and Bishnupur were reserved for women.
[3.4] Being aggrieved by the said Notification, the petitioner approached the State Government by submitting a representation dated nil, which was received by the office of the Commissioner (RD & PR), Government of Manipur on 31-07-2017, regarding the matter relating to reservation of women for the office of the Adhyaksha of Thoubal Zilla Parishad. However, the same was not considered and disposed of without any justifiable and conceivable reason till date.
[3.5] In the meantime, the Deputy Commissioner/District Election Officer, Thoubal District, Manipur issued a Notice dated 18-10-2017 informing all the concerned that the First Meeting/Special Meeting of the members of the Thoubal Zilla Parishad would be held on 26-10-2017 at 11.30 am at the Conference Hall of the Deputy Commissioner, Thoubal for oath taking under Section 107 and for the election of Adhyaksha/Up-Adhyaksha under Section 54 of the Manipur Panchayati Raj Act, 1994 (hereinafter referred to as “the Act, 1994”) from amongst the directly elected members of the Thoubal Zilla Parishad by themselves.
[3.6] Being aggrieved by the Notification dated 26-07-2017 and the Notice dated 18-10-2017, the instant writ petition was filed by the petitioner. The grounds on which the validity and correctness of the aforesaid Notification and the Notice have been challenged, are inter-alia that although the reservation of the offices of Adhyaksha for women will have to be allotted by rotation to different Zilla Parishads in terms of the provisions of the Act, 1994 and the rules made thereunder, the State respondent failed to follow them. Since the offices of the Adhyaksha had been reserved for women in respect of Thoubal Zillla Parishad and Bishnupur Zilla Parishad in the General Panchayat Elections, 2012, the same ought not to have been reserved for women in respect of Thoubal Zilla Parishad and Bishnupur Zila Parishad in the General Panchayat Elect
Proviso to sub-Section (2) of Section 54 makes it very that the offices so reserved for them and in particular for women, shall be allotted by rotation to different Zilla Parishads.
Proviso to sub-Section (2) of Section 54 makes it very that the offices so reserved for them and in particular for women, shall be allotted by rotation to different Zilla Parishads.
The main legal point established in the judgment is that the allotment of reservation for BCC and women must adhere to the statutory provisions and legislative intent. Judicial review is limited to e....
Amendments to Panchayati Raj election rules must comply with constitutional provisions, including reservation based on population, not arbitrary criteria, with necessary prior consultation.
Pre-election challenges to local body delimitation, ward formation and reservation rotation rules barred by constitutional provisions; fresh delimitation valid post-territorial changes; Rule XII rese....
The main legal point established in the judgment is that the reservation of seats in Municipal Council elections should adhere to the provisions of the Rules 1999, ensuring co-terminus reservation te....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
