IMPORTANT POINT
The arbitrary actions of the State Government and violation of statutory provisions led to the nullification of the meeting held on 07.08.2020.

JUDGMENT

Heard Mr. N. Ibotombi, learned senior advocate and Mr. D. Julius Riamei, learned advocate appearing for the petitioners and Mr. N. Kumarjit, learned AG appearing for the State respondents, Mr. L. Shashibhushan, learned advocate appearing for the ADC, Senapati and Mr. HS Paonam, learned senior advocate appearing for the private respondents No. 4-17.

[2] In the present writ petitions, the petitioners are assailing the requisition letter dated 10.07.2020 submitted by the 14 members of the Autonomous District Council (ADC), Senapati and meeting notice dated 23.07.2020 issued by the Deputy Commissioner (DC), Senapati for removal of the Chairman and Vice-chairman of the ADC, Senapati as well as for declaring the proceedings of the meeting of the members of the Autonomous District Council, Senapati held on 07.08.2020 for removal of the Chairman and Vice-chairman of the Autonomous District Council, Senapati as null and void and to quash the same.

As the issues raised in the present 3 writ petitions are common and interrelated, the said 3 writ petitions are being disposed of by this common judgment and order.

[3] The relevant facts of the present cases in a nutshell are that all the writ petitioners were elected as members of the Autonomous District Council of Senapati (herein after referred to as “ADC, Senapati”, for short) in the election held in 2015. Thereafter, the petitioners in W.P. (C) No. 437 of 2020 and W.P. (C) No. 438 of 2020 were elected as Chairman and Vice-chairman respectively of the Autonomous District Council, Senapati.

[4] The term of Office of the elected members of the Autonomous District Council, Senapati was to expire on 31.05.2020, however, in pursuance of the State cabinet decision taken in exercise of the power conferred under section 13(1) of the Manipur (Hill Areas) District Council Act, 1971(herein after referred to as the “District Council Act” for short), the Governor of Manipur was pleased to issue an order dated 19.03.2020 extending the term of office of all members of the ADCs, Manipur for a period of 6 months w.e.f. 01.06.2020.

[5] 14 members of the Autonomous District Council, Senapati who are the respondents No. 4-17 herein submitted an application dated 10.07.2020 addressed to the Deputy Commissioner, Senapati requesting for convening a meeting for the purpose of consideration of no confidence motion under section 23 (3) of the District Council Act against incumbent Chairman and Vice-chairman of the Autonomous District Council, Senapati.

[6] On receiving the said application, the Deputy Commissioner, Senapati wrote a letter dated 16.07.2020 to the Commissioner (TA & HILLS), Government of Manipur informing him about the application submitted by the 14 members of the Autonomous District Council, Senapati for removal of the incumbent Chairman and Vice-chairman and seeking advice as to what further necessary steps is to be taken up. Subsequently, the Deputy Commissioner, Senapati issued a notice dated 23.07.2020 notifying to all council members that a meeting of all members of the Autonomous District Council, Senapati will be held on 07.08.2020 at 11.30 am at the District Council Office Hall, Senapati to consider the requisition dated 10.07.2020 for removal of Chairman and Vice-chairman of the Autonomous District Council, Senapati.

Being aggrieved, the Chairman and Vice-chairman of the Autonomous District Council, Senapati filed W.P. (C) No. 437 of 2020 and W.P. (C) No. 438 of 2020 challenging the aforesaid requisition application dated 10.07.2020 and meeting notice dated 23.07.2020.

[7] After filing of the aforesaid 2 writ petitions, the Additional Chief Secretary (TA & HILLS), Government of Manipur issued an order dated 05.08.2020 cancelling the impugned meeting notice dated 23.07.2020 issued by the DC, Senapati until further order. However, on the next day of the said order, i.e., on 06.08.2020, the Addl. Chief Secretary (TA & HILLS), Government of Manipur issued another order cancelling the earlier