Back
AHANTHEM BIMOL SINGH, M. V. MURALIDARAN
State Manipur – Appellant
Versus
Thongam Shyamo Singh – Respondent
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
The judgment established the importance of recording reasons, adherence to statutory timelines, and the need for application of mind in quasi-judicial decisions, emphasizing procedural fairness and n....
The availability of alternative remedy does not bar the exercise of writ jurisdiction when there is a violation of natural justice or when the decision-making process is without jurisdiction.
The removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
The main legal point established in the judgment is the requirement of conducting a full-fledged inquiry into the charges against an elected representative of the people and the emphasis on the princ....
The main legal principle established in the judgment is that the State Election Commissioner must consider disqualification issues based on unimpeachable materials and relegate parties to a competent....
The court clarified that disqualification from a municipal committee requires a direct contract interest, not just property ownership or rent receipt.
The main legal point established in the judgment is that an alternate and efficacious remedy available in the form of a reference under Section 13(4) read with Section 405 of the Act renders a challe....
Removal of elected officials under quasi-judicial provisions necessitates adherence to principles of natural justice, including fair hearing and inquiry.
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
