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2021 Supreme(Manipur) 40

AHANTHEM BIMOL SINGH, M. V. MURALIDARAN
State Manipur – Appellant
Versus
Thongam Shyamo Singh – Respondent


Advocates appeared:
Mr. M. Rarry, Ld. Addl. AG, for the Appellant; Mr. Th. Mahira, Advocate, for the Respondent No. 1; Mr. G.A. Romendro Sharma, Advocate, for the Respondent Nos. 3, 5 6 & 9

JUDGMENT

A. Bimol Singh, J.:--

[1] Heard Mr. M. Rarry, Ld. Addl. AG appearing for the appellant, Mr. Th. Mahira, Ld. Counsel appearing for Respondent No. 1 and Mr. G.A. Romendro Sharma, Ld. Counsel appearing for the Respondents No. 3, 5, 6 & 9.

[2] This appeal is preferred against the judgment and order dated 26.11.2019 passed by the Ld. Single Judge in W.P. (C) No. 1049 of 2018. The only issue to be considered in the present writ appeal is the validity and legality of the impugned order dated 12.11.2018 passed by the Secretary (MAHUD), Government of Manipur, for disqualifying the writ petitioner/Respondent No. 1 herein from being a Councilor of Ward No. 5 of Thoubal Municipal Council.

[3] The relevant facts of the present case in a nutshell is that the Respondent No. 1 was elected as Councilor of Ward No. 5 of Thoubal Municipal Council and thereafter he was elected as the Chairperson of the Thoubal Municipal Council – vide notification dated 09.02.2016.

[4] While the Respondent No. 1 was functioning as the Chairperson of the Thoubal Municipal Council (herein referred to as the Council for short) a requisition dated 16.11.2017 was submitted by 7 (seven) Councilors of the council to the

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