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2022 Supreme(Manipur) 112

IN THE HIGH COURT OF MANIPUR AT IMPHAL
Ahanthem Bimol Singh, J.
Office Of The Lokayukta Manipur - Appellant
Versus
Thokchom Kaminimohon Singh & Ors. - Respondents
MC(WP(C)) No. 93 of 2022 (Ref:- WP(C) No. 161 of 2022) & WP(C) No. 161 of 2022
Decided On : 30-05-2022

Advocates appeared:
Mr. M. Rarry, Advocate, for the Applicant; Mr. Gurukrishnakumar Subramaniam asstd. by Mr. Abdulrahiman Tamboli; Mr. N. Ibotombi, senior Advocate; Mr. H. S. Paonam, senior Advocate, Mr. H. Ishwarlal, senior Advocate; Mr. N. Jotendro, senior Advocate asstd. by Mr. Piyush Beriwal, Advocate & Mr. H. Debendra, Govt. Advocate, for the Respondents

IMPORTANT POINT
The court cannot decide on the importance or complexity of a case without considering the merits of the connected petitions.

Headnote:

Lokayukta - Manipur - HC Rules 2019, Rule 3(1)(d) - The court dismissed the application filed by the Lokayukta, Manipur seeking to refer connected writ petitions to a larger bench, citing lack of importance or complexity in the case and the inability to decide on the same without considering the merits of the connected writ petitions.

Fact of the Case:

The Lokayukta, Manipur filed an application to refer connected writ petitions to a larger bench, citing the importance and complexity of the case. The court dismissed the application, stating that it cannot decide on the importance or complexity without considering the merits of the connected writ petitions.

Finding of the Court:

The court found that it cannot decide on the importance or complexity of the case without considering the merits of the connected writ petitions and dismissed the application.

Issues: The main issue was whether the court could refer the connected writ petitions to a larger bench based on the importance or complexity of the case without considering the merits of the connected writ petitions.

Ratio Decidendi: The court held that it cannot decide on the importance or complexity of the case without considering the merits of the connected writ petitions.

Final Decision: The court dismissed the application filed by the Lokayukta, Manipur seeking to refer connected writ petitions to a larger bench, citing lack of importance or complexity in the case and the inability to decide on the same without considering the merits of the connected writ petitions.

JUDGMENT

1. Heard Mr. M. Rarry, learned counsel appearing for the applicant, Mr. Gurukrishnakumar Subramaniam, learned senior counsel assisted by Mr. Abdulrahiman Tamboli, learned counsel, Mr. N. Ibotombi, learned senior counsel, Mr. H.S. Paonam, learned senior counsel, Mr. H. Ishwarlal, learned senior counsel, Mr. N. Jotendro, learned senior counsel assisted by Mr. Piyush Beriwal, learned counsel appearing for the respondents. Heard also, Mr. H. Debendra, learned Government appearing for the State respondents.

2. The present application had been filed by the Office of the Lokayuka, Manipur through its Secretary with a prayer for directing the High Court registry to list the connected writ petitions before the Hon'ble Chief Justice on the administrative side for placing the matter before a larger bench of this court.

Before considering the merits of the present application and the rival submissions advanced by the learned counsels appearing for the parties, the facts which culminate to re-hearing of the present application are briefly stated hereunder -

3. Three writ petitions viz., WP(C) No. 161 of 2022, WP(C) No. 168 of 2022 and WP(C) No. 171 of 2022 were filed by different petitioners before this court challenging the judgment and order dated 07-02-2022 passed by the Manipur Lokayukta in Complaint Case No. 2 of 2020 and praying for quashing and setting aside the said impugned judgment and order.

Initially the said three writ petitions were listed before a Division Bench of this court consisting of the Hon'ble Chief Justice and Justice M.V. Muralidaran, however by an order dated 07-03-2022 passed by the said Division Bench in the aforesaid three writ petitions, the registry was directed to list the matters before a Single Bench on 09-03-2022. The Office of the Lokayukta, Manipur filed the present application on 10-03-2022 and the matter was heard on 12-04-2022. By an order dated 18-04-2022, the present application was dismissed on the ground that as the Division Bench of this court comprising of the Hon'ble Chief Justice had already passed a judicial order on 07-03-2022 in the connected writ petitions directing for listing the said writ petitions before a Single Bench of this court, this court is bound by the said order and that if any order is passed by this court as prayed for by the applicant in the present application, such order will not only be contrary or conflicting to the order dated 07-03-2022 passed by the Division Bench in the connected writ petitions, but such order will also be a nullity as this court has no jurisdiction or power to pass any order which have the effect of superseding or over-riding the order passed by a Division Bench of this court.

4. The present applicant assailed the said order dated 18-04-2022 passed by this court in the present application by filing a Writ Appeal No. 62 of 2022. The said Writ Appeal was allowed by the Appellate Court by an order dated 17-05-2022. In the said order, the Appellate Court made a clarification that the earlier order dated 07-03-2022 for listing the aforesaid three writ petitions before a Single Bench was passed by the Appellate Court upon being informed that there was no necessity in terms of Rule 3(1) of Chapter IV-A of the Manipur High Court Rules, 2019 for listing the writ petitions filed against the orders of the Lokayukta, Manipur before a Division Bench and that the said order would not impair or impede upon the right of the learned Single Judge to exercise power under Rule 3(1)(d) of Chapter IV-A of the High Court Rules, 2019, if he so chooses.

The Appellate Court further observed that it would always be open to a learned Single Judge to refer the matter for consideration by a Division Bench, if he is of the opinion that it warrants such consideration. With the aforesaid clarifications and observations, the Appellate Court set aside the order under appeal and remitted the present application to this court for re-consideration on its own merit. Hence, the presen

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