Manipur Govt served notice, Order superseding ADCs suspended

IMPHAL, Dec. 11, 2020 (UNA): The high court of Manipur has suspended the state Government's impugned order of November 30, 2020 which superseded the six ADCs and appointed the respective Deputy Commissioners to exercise all powers and duties conferred and imposed on the council under the Manipur (Hill areas) District Council Act 1971 without due process of law.

 

The Court also served notice to the state Government which is returnable by December 16, 2020.

 

The Court passed the order based on a Writ petition (C) No. 647 of 2020 filed by one Lunthang Haokip and others as petitioner. Hearing of the case was held on Wednesday via video conferencing.

The petitioner prayed for issuing a writ of certiorari or any other appropriate writ to quash the government order issued on November 30, 2020, alleging that the order was issued violating the order passed by the High Court on November 27, 2020.

 

After perusal of the para (5) of the court order of November 27, the high court asked the AG appearing for the state government as to whether any order had been passed by the state government on or before 30-11-2020 extending the term of ADCs till the next date i.e December 4, 2020, to which the AG replied in the negative stating that no such order had been passed as no such order was required to be passed by the state government stating that the term of ADCs ought to continue automatically.

However, on perusal of the impugned order of November 30, it is evident that it is nowhere mentioned therein that the said order has been issued by the state government in compliance with the order passed by the Court on November 27.

 Instead of complying with the court order or preferring an appeal before the appellate court questioning the high court's order, state government issued the impugned order superseding the six ADCs, the extension of which term had to expire on November 30, the court said.

The Court observed that the state government issued the impugned order in total disregard and disobedience of the Court order of November 27.

 

The court said, in the absence of the court's interference, it is open to the state government to issue any order, at its wisdom, in accordance with the law. Once an order has been passed by the court, it will have to be honoured and complied with, if no appeal is preferred against it".

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