Gauhati High Court - Aizawl
Sh. Doymoy Daveng Chakma vs Chakma Autonomous District Council R/B ... on 11 November, 2025
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2025:GAU-MZ:275
GAHC030003422024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/47/2024
Sh. Doymoy Daveng Chakma
S/o Bhadra Sen Chakma
R/o House No. 67, Devasora North, Lawngtlai District, Mizoram
VERSUS
Chakma Autonomous District Council R/b the Executive Secretary and Anr.
Kamalanagar, Lawngtlai District, Mizoram
2:Chakma Autonomous District Council R/b the Legislative Secretar
Advocate for the Petitioner : Mr. Lalfakawma
Advocate for the Respondent : Mr Lalchhanliana Khiangte for R1&2
BEFORE HON'BLE MRS. JUSTICE MARLI VANKUNG Advocates for the petitioners :Mr. Lalfakawma :Mr. T. Lalzekima :Ms. Annie Lalenkawli :Ms. Lalropari :Ms. Lalremruati Renthlei :Ms. Priscilla Lallawmsangi Solo Page No.# 2/5 2025:GAU-MZ:275 Advocates for the respondents :Mr. Lalchhanliana Khiangte :Mr. Vanlalfela :Ms. C. Lalpekhlui :Ms. Vanlalsawmi Date on which judgment is reserved : 09.10.2025 Date of pronouncement of judgment : 11.11.2025 Whether the pronouncement is of the operative part of the judgment? : No Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER (CAV) Heard Mr. T. Lalzekima, learned for the petitioner. Also heard Mr. Lalchhanliana Khiangte, learned counsel for the respondents.
This is a Writ Petition filed under Article 226 of the Constitution of India, for the issuance of the appropriate writ or direction to the respondents being aggrieved by the action of the respondents in not allowing the petitioner to avail loan amount to him as per Rule - 17 (1) (a) (b) of the Chakma Autonomous District Council (Salaries, Allowances & Pensions of Members) Rules, 2003.
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2. Mr. T. Lalzekima, learned counsel for the petitioner submits that the petitioner was elected as member of the Chakma Autonomous District Council from the 15th Rengkashya, MDC Constituency on 19.05.2023. The petitioner being an elected member of the Chakma Autonomous District Council filed an application under Rule 17 (1) of the Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Rules, 2023 for granting of loan amounting to Rs. 3 lakhs (Rupees three lakhs only) for the construction of houses and loan advance of Rs. 3 lakhs (Rupees three lakhs only) for the purchase of Motor Vehicle as per his entitlement under the said Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Rules, 2023 on 02.06.2023.
3. Thereafter, the Chairman of Chakma Autonomous District Council constituted a committee of Privileges of Members of Chakma Autonomous District Council which held a meeting on 12.07.2023 wherein, the terms and conditions in respect of sanctioning loans to the members of Chakma Autonomous District Council was considered. One of the terms and conditions provided that a member/applicant shall execute a deed of undertaking in the prescribe format, undertaking to use the loan for the purpose for which it is sanctioned.
However, since no steps have been taken till date for sanctioning any loan amount to the petitioner the petitioner has filed the instant writ petition for regularization of his entitlement as per the Chakma Autonomous District Council Rules (Salaries, Allowances and Pensions of Members) Rules, 2023.
4. The learned counsel further submitted that the petitioner being an elected member of the Chakma Autonomous District Council may be granted loan in terms of the Chakma Autonomous District Council Rules (Salaries, Allowances and Pensions of Members) (Third Amendment) Rules, 2023 wherein, the entitlement to the loan amount has increased from Rs. 3 lakhs (Rupees Three Lakhs only) to Rs. 10 lakhs (Rupees 10 Lakhs only) each for the construction of house and loan advance for the purchase of Motor Vehicle under the said Rule 17 (1) (a) (b) of the Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Amended Rules, 2023.
In support of his submission the learned counsel for the respondents has relied on the Judgments of the Apex Court in the State of Mizoram and Anr. Vs. Mizoram Engineering Service Association and Anr. reported in 2004 6 SCC 218 and All India Judges Association Vs. Union of India reported in 2024 INSC 26.
5. Mr. Lalchhanliana Khiangte, learned counsel for the respondents submitted that the respondents are not adverse to granting loan to the petitioner in terms of his Page No.# 4/5 2025:GAU-MZ:275 entitlement under the Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Amended Rules, 2023.
6. However, the concerned respondents at present are not having any sufficient funds to grant the loan amount as applied for by the petitioner, he submitted that the only reason why the loans cannot be sanctioned at the stage by the Chakma Autonomous District Council is due to lack of funds and that the sanctioning of the loan will be made on the receipt of Revise Estimate from the State Government and on the completion of the Guidelines and Regulation which is currently under preparation.
7. He also submitted that once the requisite funds are available the sanctioned of loans can be considered by also considering the Minutes of the Meeting of the Committee of the Privileges of Members of Chakma Autonomous District Council held on 12.07.2023 in the office chamber Chairman Chakma Autonomous District Council provided that the petitioner ideals to all the conditions laid out to the Minutes of the Meeting for availing the said loan amount once sanctioned.
The learned counsel for the respondent has also bought to the notice of the Court that at present no steps can be considered for sanctioning of any loan amount since the Chakma Autonomous District Council is at present under the Governer's Rule.
8. Having consider the submissions made by the learned counsels for both the parties, it is seen that the petitioner being a member elected of the Chakma Autonomous District Council from the 15th Rengkashya, MDC Constituency on 19.05.2023 is entitled to the entitlement of such a member as prescribe under Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Amended Rules, 2023. Accordingly, the respondents are required to take steps to ensure that such members are given their entitlement as entitled to them in the extent rules.
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9. This Court has however, also taken into consideration the difficulties faced by the respondents due to genuine financial constraints in ensuring that the members of the Chakma Autonomous District Council are given the entitlement as entitled to them. It is also noted that the Chakma Autonomous District Council is at present under the Governors' rule.
10. In view of the above, this Court find it appropriate to disposed of the instant writ petition with a direction that the respondents will take the necessary steps for granting loan to the petitioner in terms of Chakma Autonomous District Council (Salaries, Allowances and Pensions of Members) Amended Rules, 2023, expeditiously as possible and make an attempt to sanction the said amount as applied for by the petitioner positively within an outer limit of 1 (one) year from the date of receiving certified true copy of this Order.
11. WP(C) No. 47 of 2024 thus stands disposed of as above.
JUDGE Comparing Assistant