Manipur High Court
Okram Bishamvor Singh & 22 Ors vs State Of Manipur & Anr on 29 April, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 144
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 210 of 2024
Okram Bishamvor Singh & 22 Ors. .....Petitioner/s
- Versus -
State of Manipur & Anr.
.... Respondent/s
BEFORE
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
Order (Oral)
29.04.2025
[1] Heard Mr. Sh. Athoi, learned counsel along with Ms.
Kunjarani, learned counsel for the petitioners and Mr. H. Debendra,
learned Dy. A.G. assisted by Ms. Sharmila, learned Jr. Govt. counsel
for the respondents.
[2] The whole case of the petitioners is on the basis of a
common order dated 19.01.2023 passed by this Court in a batch of writ
petitions being WP(C) Nos. 935 of 2022, 632 of 2022, 633 of 2022, 704
of 2022 & 880 of 2022 whereby the Chairpersons, Mayors and
Councillors of the Urban Local Bodies and some of the Autonomous
District Councils, (which terms had already expired) were permitted to
continue as Caretaker Chairpersons, Mayors and Councillors of such
bodies till the issuance of the notification for fresh election.
[3] Mr. Sh. Athoi, learned counsel for the petitioners, submits
that similar relief granted to the Ex-Mayors and Ex-Chairpersons and
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Ex-Members by the order dated 19.12.2023 passed by this Court may
be extended to the petitioners herein as they are similarly situated with
them.
[4] The petitioners (23 in numbers) are the Ward
Development Members of the Thoubal Municipal Council. It is stated
that their term expired on 04.02.2021. Thereafter, they submitted a
representation dated 21.02.2023 to the Commissioner (MAHUD),
Government of Manipur for revival of Ex-Ward Development
Committee Members of Thoubal Municipal Council as Caretaker, Ward
Development Committee Members till new election is held for the
Thoubal Municipal Council.
[5] In this regard, the petitioners approached this Court by
way of writ petition being WP(C) No. 830 of 2023 and vide order dated
02.02.2024, the writ petition was disposed of by directing the
Commissioner (MAHUD), Government of Manipur to consider the
representation dated 21.02.2023 submitted by the petitioners on its
merit by a speaking order. Thereafter, the Addl. Secretary (MAHUD),
Government of Manipur issued an order dated 16.02.2024 disposing
the representation submitted by the petitioners stating that the
department has no objection to the appointment of the petitioners as
Caretaker Members, if this Court directs so.
[6] Mr. Sh. Athoi, learned counsel, draws the attention of this
Court to the order dated 16.02.2024 issued by the Addl. Secretary
(MAHUD), Government of Manipur. While disposing the representation
submitted by the petitioners, it is stated in para 2(f) that the respondent
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has no objection to the appointment of the petitioners as Caretaker
Ward Members, as done in the case of Urban Local Bodies till the
issuance of notification, if this Court passes appropriate order in this
regard. It is prayed that this Court may direct the respondent to do the
same as done in the case of similarly situated representatives of the
Urban Local Bodies.
[7] However, Mr. H. Debendra, learned Dy. A.G., submits
that a Division Bench of the Gauhati High Court has clarified in a batch
of appeals (on transferred from this Court) in the case of Autonomous
District Council that the terms of the Caretaker arrangement cannot be
extended beyond the period of six months as provided in the Manipur
Hill Area (District Council) Act, 1971 and Rules of 1972. He further
informs this Court that a batch of appeals/petitions involving caretaker
appointment in Panchayat institutions beyond 6 months are pending
before a Division Bench of this Court.
[8] Learned Dy AG has also pointed out that in Manipur
Municipalities Act, 1994, there is no provision except for Section 21
where appointment of administrator cannot be more than six months till
initial constitution of local bodies.
[9] Learned Dy. A.G. also draws the attention of this Court to
the provision of Section 221 of the Manipur Municipalities Act, 1994
which provides power to remove difficulties to the State for doing
certain acts not inconsistent with the provisions of the Act.
[10] It is also stated that due to the prevailing situation, since
election cannot be conducted for the Local Bodies, State Government
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has to resort to the provisions of Section 221 of the Manipur
Municipalities Act, 1994 for making Caretaker arrangement for the
Local Bodies till elections are held.
[11] This Court has perused the materials on record and
provisions of the Act.
[12] For easy reference, the order dated 16.02.2024 is
reproduced as:
"GOVERNMENT OF MANIPUR
SECRETARIAT; MAHUD DEPARTMENT
*********
ORDERS BY THE GOVERNOR: MANIPUR
Imphal, the 16th February, 2024
No. CCe-301/31/2023-MAHUD-MAHUD: Whereas, the Hon’ble High
Court of Manipur vide orders dated 02.02.2024 passed in WP(C) No. 830
of 2023 (O. Bishamvor Singh & Ors. -vs- The State of Manipur & Ors.)
has directed the MAHUD Department, Government of Manipur, to
consider the said representation dated 21.02.2023 submitted by the
petitioners on its own merit and strictly in terms of applicable law and to
dispose of the same by issuing a speaking order within a period of two
months from the date of receipt a certified copy of this order:
2. And therefore, in compliance of the aforesaid direction dated
02.02.2024 of the Hon’ble High Court of Manipur, the said
representation dated 21.02.2023 is being disposed of as under:
(a) Whereas, a joint representation was received on
21.02.2023 from the President, Vice-President and
Secretary General of Thoubal Municipal Council Ward
Development Committee Members Welfare Association
addressed to Commissioner (MAHUD), Government of
Manipur praying for revival of Ex-ward Development
Committee Members of Manipur as Caretaker ward
Development Committee Members until a new election is
being held (Annexure-I).
(b) Whereas, the Hon’ble High Court of Manipur ordered on
19.01.2023 in WP(C) No. 935 of 2022 with WP(C) No. 633
of 2022, WP(C) No. 704 of 2022 and WP(C) No. 880 of
2022 to allow the concerned Ex-Caretaker Mayor, Ex-
Caretaker Chairpersons and Ex-Caretaker Councillors of
the previous terms/Councils of the Urban Local Bodies
including Imphal Municipal Corporation which were
dissolved after completion of its term of five years, to
continue as the Caretaker Mayor, Caretaker Chairpersons
and Caretaker Councillors of the concerned Urban Local
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Bodies till the issuance of the notification of the Election of
ULBs by the State Election Commission (Annexure-II).
(c) Whereas, in pursuance of the aforesaid orders dated
19.01.2023 of the Hon’ble High Court of Manipur, MAHUD
Department issued orders dated 06.03.2023 (Annexure-III).
(d) Whereas, in the aforesaid orders dated 19.01.2023 of the
Hon’ble High Court of Manipur, there was no mention of the
Ex-ward Development Committee Members and the
MAHUD Department did not intend to deviate, in any
manner, from the specific direction of the Hon’ble High
Court of Manipur.
(e) In light of the above facts, the joint representation was
received on 21.02.2023 from the President, Vice-President
and Secretary General of Thoubal Municipal Council Ward
Development Committee Members Welfare Association for
revival of Ex-ward Development Committee Members of
Manipur as Caretaker ward Development Committee
Members until a new election is being held, is hereby
rejected.
(f) However, it is further clarified that MAHUD Department has
no objection if the Hon’ble Court orders to allow the Ward
Members also to continue as the Caretaker Ward Members
of the concerned Urban Local Bodies till the issuance of the
notification of the Election of ULBs by the State Election
Commission.
3. This Order is issued with the approval of the Competent Authority.
By orders & in the name of the Governor
(K. Bono Singh)
Additional Secretary (MAHUD),
Government of Manipur”
[13] On perusal of the provisions of the Manipur Municipalities
Act, 1994, there is no specific provision for the appointment of the
Caretaker, Mayor, Chairperson or any members of the Urban Local
Bodies. Section 21 prescribes appointment of Administrator for a period
of six months till initial constitution of the municipality and provisions of
Section 221 empowers the State to do such act for effective
implementation of the Act, not inconsistent with the provisions of the
Act.
[14] In para 2(f) of the order dated 16.02.2024 issued by the
Addl. Secretary (MAHUD), Government of Manipur, it is stated that the
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petitioners may be considered for appointment as Caretaker WardMembers till issuance of the notification of the election for Urban Local
Bodies.
[15] Taking into account the provisions of Section 21 and
Section 221 of the Manipur Municipalities Act, 1994, it is clarified that
the State respondent may consider the case of the petitioners herein
who are Ex-Members of the Thoubal Municipal Council as Caretaker
Ward Members for a period of six months or till completion of election
whichever is earlier.
[16] It is clarified that this order confines to the petitioners
herein. The State respondent may pass necessary order within a
period of one month from the date of receipt of a copy of this order.
[17] With this observation, writ petition is disposed of.
[18] Furnish a copy of this order to the learned counsel for the
parties. Also Registry is directed to send a copy of this order to the
Commissioner (MAHUD), Government of Manipur for information and
passing necessary order, if any.
KH. Digitally signed
by KH. JOSHUA
JUDGE
JOSHUA MARING
Date: 2025.04.30 Kh. Joshua Maring
MARING 17:45:48 +05'30'
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