SHAMURAILATPAM SUSHIL Digitally signed by SHAMURAILATPAM SUSHIL SHARMA SHARMA Date: 2025.08.14 16:36:29 +05'30'

Sl. Nos. 58-59 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 155 of 2025 Thokchom Sur Singh Petitioner Vs.

Union of India Respondent Clubbed with MC(WP(C)) No. 374 of 2025 BEFORE HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

ORDER

(K. Somashekar, C.J.)

12.08.2025 [1] Heard Mr. N. Mahendra, learned counsel for the petitioner; Mr. Kh. Samarjit, learned DSGI; Mr. Lenin Hijam, learned Advocate General, Manipur and also Mr.Tushar Mehta, the learned Solicitor General of India who is appearing through video conferencing for the respondent/Union of India.

[2] This writ petition has been initiated by the petitioner under Article 226 of the Constitution of India whereby seeking for issuance of a writ in the nature of certiorari and/or any other appropriate writ or order or direction raising various grounds. Whereas, in this writ petition the petitioner is challenging the Notification issued by the President of India dated 13.02.2025 and imposition of Article 356 of the Constitution of India.

[3] This writ petition has been initiated by the petitioner under Article 226 of the Constitution of India against the respondent i.e., Union of India through the Secretary of the Ministry of Home Affairs, Government of India being arrayed as respondent.

[4] The petitioner is an elector enrolled in the Mayang-Imphal Assembly Constituency, Manipur. He is an advocate by profession and a socio-political activist/worker. Whereas, in paras 3 of this writ petition, it reveals as elections to the 12^th Manipur Legislative Assembly, having a total strength of 60 (sixty) Membership, was held in the month of February/March, 2022 and it was duly constituted, following the announcement of election result which is in detail stated in para 3 of the writ petition.

[5] Whereas in para 5 of the writ petition it reveals as it is relevant to state that the then Governor of Manipur, in exercise of the powers conferred on her under Clause (1) of Article 174 of the Constitution of India summoned successfully the 6^th Session of the Twelfth Manipur Legislative Assembly beginning with 31.07.2024 vide Notification No.3/1(4)/2022- LA(Legn.) Imphal, the 13^th July, 2024 and the same has been stated in detail in para 5 of the writ petition.

[6] Whereas in para 10 the writ petition , it is stated that after the resignation of N Biren Singh from the office/post of Chief Minister on 09.02.2025, the Governor of Manipur issued an Order, being, declaring his previous directive to summon the Assembly 7^th Session as “null and void” which step is illegal and unconstitutional one committed not by the elected Members of the House (Manipur Legislative Assembly). The Governor of Manipur himself while discharging his constitutional duties violated the mandatory duties under A.174(1) of the Constitution of India. These all are the grounds as raised in this writ petition as raised in this writ petition which has been initiated by the petitioner against the respondent/Union of India. [7] Whereas, in para 12 of this writ petition, it reveals as that the President of India on receiving a report from the Governor of the State of Manipur and after considering the report and other information issued by Ministry of Home Affairs Notification G.S.R. 134(E) New Delhi, the 13^th February, 2025 and consequential Order G.S.R. 135(E) New Delhi, the 13^th February, 2025 [F. No. 11013/01/2025-CSR-1] thereby imposing President’s Rule in the state, keeping the Assembly in suspended animation as the President of India satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution of India. These are all the contentious contention taken by the learned counsel for the petitioner in this matter. However, various grounds have been urged by the learned counsel for the petitioner in this