IMPORTANT POINT
The Act of 1956 does not provide for the removal of an elected Chairman or Secretary from office, and the proper course, as per the statute, is for the other members of the Village Authority to remove them altogether from the membership of the Village Authority if they have the requisite numbers.

ORDER

1. The unsuccessful petitioners in W.P.(C) Nos. 222 and 251 of 2021 are in appeal against the Judgment and Order dated 03.09.2021 passed by a learned Judge of this Court, dismissing both the writ petitions.

2. The provisions of the Manipur Village Authorities in Hill Areas Act, 1956 (for brevity, 'the Act of 1956'), fell for consideration in these cases. Broadly, the question that arose was whether the provisions of the Act of 1956 authorize removal of the elected Chairman and the Secretary of a Village Authority from such posts, by way of a resolution passed by the other members of the Village Authority. Steps having been taken by members of the Vengnuam South Village Authority to remove the elected Chairman and the Secretary, viz., respondents No. 4 and 5 in these appeals, this question came into focus. The Government of Manipur however issued a clarification, vide letter dated 24.02.2021, that the Act of 1956 did not provide for replacement of the members of the Village Authority and that such members were not to be removed other than under Section 8 of the Act of 1956. The Government further stated that the Vengnuam South Village Authority would remain functional under the Chairmanship of respondent No. 4 and Secretary ship of respondent No. 5. Aggrieved by this clarificatory communication, the petitioners filed W.P.(C) No. 222 of 2021. While so, acting upon the aforestated communication dated 24.02.2021, the Deputy Commissioner, Churachandpur issued order dated 27.02.2021 restoring the Chairmanship and Secretary ship of respondents No. 4 and 5 respectively in Vengnuam South Village Authority. Aggrieved thereby, the petitioners filed W.P.(C) No. 251 of 2021. However, the learned Judge found no merit in these cases and dismissed them. Hence, these appeals.

3. Heard Mr. Julius Riamei, learned counsel for the appellants, and Mr. Thoithoi Meitei, learned counsel for the contesting respondents No. 4 and 5.

4. Village Authorities are constituted under Section 3 of the Act of 1956. It states that in every village, having 20 or more tax-paying houses, a Village Authority is to be constituted. The number of members thereof depends upon the number of tax-paying houses in the village. Section 3(4) of the Act of 1956 provides that where there is a Chief or Khullakpa in the village, he would be the ex-officio Chairman of the Village Authority of that village but in the event there is no such Chief or Khullakpa in the village, the Chairman of the Village Authority would be elected by the members of the Village Authority from amongst themselves.

Respondent No. 4 in these appeals accordingly became the Chairman of the Vengnuam South Village Authority.

5. The Act of 1956 does not speak of the post of Secretary in a Village Authority but it appears that, by way of convention, the members of a Village Authority elect from amongst themselves one person to hold the post of Secretary, as the Chief or Khullakpa of the village may not be literate or familiar with administrative processes. Respondent No.5 seems to have been elected the Secretary of the Vengnuam South Village Authority as per this convention.

6. Mr. Julius Riamei, learned counsel, would concede that there is no provision in the Act of 1956 for removal of an elected Chairman or a Secretary of the Village Authority from office. He would however contend that Section 8 of the Act of 1956, which deals with removal of members of a Village Authority, should be given a wider interpretation so as to include the power to remove from office an elected Chairman or a Secretary of the Village Authority.

7. Section 8 of the Act of 1956 is titled, 'Power to remove members of Village Authorities'. It states that the Deputy Commissioner may remove any member of a Village Authority from office on the grounds mentioned therein. One of the grounds provided is when the member is guilty of misconduct in the discharge of his duties or of any disgraceful conduct and two-thirds of the total number of members