Manipur High Court
Government Of Manipur Represented By ... vs The State Of Manipur Represented By The ... on 10 August, 2020
Author: Ramalingam Sudhakar
Bench: Ramalingam Sudhakar
Item No.4
(Video Conferencing)
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.P(C) NO. 440 of 2020
The Manipur State Panchayati Raj Govt. Employees
Association, a registered society registered under the
Manipur Societies Registration Act, 1989 bearing Regd. No.
2781 of 2019 having its office at the Directorate of RD & PR,
Government of Manipur represented by its Secretary namely
Th. Noren Singh, aged about 43 years old, S/o (L) Th.
Angouba Singh, a resident of Wangkhei Ningthem Pukhri
Mapal, P.O. Imphal, P.S. Porompat, Imphal East District,
Manipur-795001.
....... Petitioner
- Versus -
1. The State of Manipur represented by the Addl. Chief
Secretary (RD & PR), Government of Manipur, Old
Secretariat Complex, South Block, P.O. & P.S. Imphal,
Imphal West District, Manipur-795001.
2. The Director of RD & PR, Government of Manipur, Imphal
East D.C. Complex, P.O. & P.S. Porompat, Manipur-795005.
.... Respondents
BEFORE
HON'BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR
For the Petitioner :: Mr.N.Jotendro, Sr.Advocate
For the Respondents :: Mr. R.K.Umakanta, GA
Mr. H.S.Paonam, Sr.Advocate
Mr.N.Surendrajit, Advocate
Date of Order :: 10.8.2020
ORDER(ORAL)
[1] Heard Mr. N.Jotendro, learned senior counsel for the petitioner. Also heard Mr. R.K.Umakanta, learned Govt. Advocate for the state respondents. Heard also Mr.N.Surendrajit, learned counsel WP(C) No.440 of 2020Page 1 [2] The prayers in this writ petition are as follows:-
"(i) issue rule and call for records;
(ii) issue a Writ in the nature of mandamus or any other appropriate writ of the like nature for a direction to strictly implement the order dated 24.7.2020 issued by the Joint Secretary (RD & PR), Government of Manipur and coupled with a prayer not to review or recall the said order dated 24.7.2020 without affording an opportunity to the petitioner's Association i.e. the Manipur State Panchayati Raj Govt.
Employees Association represented by its secretary Th. Noren Singh as the same has been issued strictly as per the guideline issued by Section 45 of the Manipur Panchayati Raj Act, 1994;
(iii) in the interim, direct the Respondents not to review/modify the aforesaid order dated 24.7.2020 as available at Annexure-A/1 without giving opportunity to the petitioners' Association and also without the leave of the Hon'ble Court;
Or direct to maintain status quo of the aforesaid order dated 24.7.2020 as available at Annexure-A/1 pending final disposal of the instant writ petition;
(iv) pass any order/orders or direction/directions which this Hon'ble Court may deem fit and proper to secure the ends of justice." [3] Admittedly on 24.7.2020, the following order was passed by the Government respondent :-
"GOVERNMENT OF MANIPUR SECRETARIAT: RURAL DEVELOPMENT & PANCHAYATI RAJ DEPARTMENT ORDERS BY THE GOVERNOR: MANIPUR Imphal, the 24 th July, 2020 No. 3/6/2019-RD&PR (Panchayat): As conferred under Section 45 of the Manipur Panchayati Raj Act, 1994 and as provided per Section 37 of the Manipur Gram Panchayat and Zila Parishad (General) Rules, 1995, now, therefore, for administrative efficiency and smooth implementation of the various developmental works under Centrally Sponsored Schemes/State Sponsored Schemes at the Gram Panchayat level, the Governor of Manipur is pleased to order the following in respect of the Panchayat Secretaries of the State:
(i) Declaration of the Panchayat Secretaries of the 161 Gram Panchayats of the State as the "Official Head" of the respective Gram Panchayats as defined under Section 45(2) of the Manipur Panchayati Raj Act, 1994 and Manipur Gram Panchayat & Zilla Parishad (General) Rules, 1995;
(ii) Various developmental works/programmes under CSS/State Sponsored Schemes/MGNREGS/Central Finance Commission/State Finance Commission etc., shall be implemented through Panchayat Secretaries at the Gram Panchayat level.
2. This issues with concurrence of the Finance Department, Government of Manipur vide their U.O. No. 1/2020-2021/FD(38-Misc/51), dated 23 rd July, 2020. WP(C) No.440 of 2020Page 2
By orders and in the name of the Governor, (Yumnam Robita) Joint Secretary (RD&PR), Government of Manipur."
[4] Within two weeks of passing the order dated 24.7.2020, on an apprehension that this order will be reviewed or recalled, the present writ petition has been filed. There is no material or annexures to the writ petition to show that there is prima facie material to show that the Government is likely to review or recall the order dated 24.7.2020. Hence, on this premise, no relief can be granted. Assuming one or other person who is affected by such order approaches the Government, it is for the Government to decide the same on its own merit. There is no question of passing a pre-emptive order that the Government should not review or recall the order. In fact, persons, who are aggrieved by the order dated 24.7.2020, have filed W.P(C) No.436 of 2020 and the present petitioner have been added as party respondent No.5 in the Writ Petition (C) No.436 of 2020 by common order dated 6.8.2020 passed in W.P(C) No.440 of 2020 and W.P(C) 436 of 2020. Aggrieved persons have filed separate W.P(C) No.440 of 2020 challenging the order dated 24.7.2020 and it has to be decided on merits.
In that view of the above, the petitioner in this case, who are the respondents in W.P(C) No.436 of 2020 can very well defend the impugned order dated 24.7.2020 and raise all objections against the writ petition, W.P(C) No.436 of 2020. Mr.Suresh, learned counsel appearing for the respondent No.4 in W.P(C) No.436 of 2020 states that he will file appropriate counter in that case. It applies to all other respondents.
[5] As far as the present case is concerned, the order dated 24.7.2020 has already been issued and there is no justification to interfere as suggested by the WP(C) No.440 of 2020Page 3 petitioner. There is no question of further direction as sought for by the petitioner. Similarly, Mr.R.K.Umakanta, learned Govt. Advocate also reiterates that once an order has already been passed by the State Government, the need for passing further direction/order by this Court does not appear to be justified. [6] Since the order dated 24.7.2020 is under challenge in W.P(C) No.436 of 2020, the present petitioner, who is the respondent No.5 therein, can always take all objections and defend the impugned order. Hence, the present writ petition is mis-conceived and no order is required to be passed. Accordingly, the writ petition stands disposed of.
CHIEF JUSTICE FR/NFR Opendro(rt) WAIKH Digitally signed by OM WAIKHOM TONEN MEITEI TONEN Date:
2020.08.11 MEITEI 14:18:49 +05'30' WP(C) No.440 of 2020Page 4