IMPORTANT POINT
The Act, 1956 did not provide a specific procedure for the removal of the Chairman, highlighting the need for legislative amendment to incorporate a provision for the removal of the Chairman in the Act, 1956.

JUDGMENT

[1] Heard Shri D. Julius Riamei, learned Advocate appearing for the petitioners; Shri S. Thoi Thoi Meitei, learned Advocate appearing for the private respondents and Shri N. Kumarjit, learned AG appearing for the State respondents.

[2] Since the above two writ petitions have arisen out of similar set of facts, both are jointly considered and disposed of by this common judgment and order.

[3.1] Facts and circumstances as narrated in the writ petition are, in short, that the Vengnuam South Village was recognised as the Machete (Hamlet) of Vengnuam village in Churachandpur vide order dated 28-03-2018 issued by the Sub-Divisional Officer, Churachandpur. The Vengnuam South Village Authority vide a memorandum dated 01-04-2018 was constituted with the respondent No.4 and respondent No.5 being the Chairman and the Secretary respectively. The Vengnuam South Village Authority in its meeting held on 20-09-2020 passed a resolution to remove the respondent No.4 from being the Chairman and to appoint the petitioner No.1 as the new Chairman of the village authority. The minutes of the meeting were forwarded to respondent No.3 who accorded his approval to reshuffle twelve members of the village authority vide its order dated 09-10-2020.

[3.2] The respondent No. 5 made a representation dated 19-10-2020 to the respondent No.2 praying for cancellation of the order dated 09-10- 2020 passed by the respondent No.3 whereon the respondent No.2 passed an order dated 03-12-2020 to the effect that the proper procedure needed to be followed for removal of the member/ Chairman of the village authority as per the provisions of the Manipur (Village Authorities in Hill Areas) Act, 1956 (hereinafter referred to as “the Act, 1956”). Thereafter, the respondent No.2 wrote a letter dated 27-01-2021 to depute an official to conduct the election to ensure impartiality and fair election. Pursuant to the order dated 03-12-2020 of the respondent No.2, the respondent No.3 issued a notice dated 06-02-2021 informing all the office bearers/ members of the village authority for holding the election. As many as nine members of the village authority furnished a written consent vide letter dated 08-02-2021 for the election of the petitioner No.1 as the Chairman of the village authority and Shri K. Pauzagin, proforma respondent No.6 herein as the Secretary of the village authority. The respondent No.2 vide its order dated 17-02-2021 upheld the election of the petitioner No.1 as the Chairman and the respondent No. 6 as the Secretary.

[3.3] However, the office of the respondent No.1 vide letter dated 24- 02-2021 erroneously directed that the village authority under the chairmanship of the respondent No.4 and the Secretary ship of the respondent No.5 should remain functional. Being aggrieved by it, the petitioners filed a writ petition being WP(C) No.222 of 2021 wherein this Court vide its order dated 04-03-2021 stayed/ suspended the operation of the letter dated 24-02-2021. When the petitioners were communicating this Court’s order dated 04-03-2021, it was informed that the respondent No.2 had already passed an order dated 27-02-2021 pursuant to the letter dated 24-02-2021. Being aggrieved by the said letter dated 27-02- 2021, the instant writ petition has been filed by the petitioners on the inter-alia grounds that the letter dated 24-02-2021 issued by the office of respondent No.1 was illegal as the same was dehors the provisions of Section 8 of the Act, 1956 and therefore, the impugned order dated 27- 02-2021 issued pursuant to the said letter dated 24-02-2021 was illegal. The provisions of Section 8 of the Act, 1956 are clear and unambiguous that it is the respondent No.2 who has the authority and power to remove a member of the village authority on the grounds enumerated therein.

[4.1] In the affidavit-in-opposition filed on behalf of the State Government, it has been stated that on 01-04-2018, the respondent No.4 and 5 were elected as the Chairman and the Secretary of t