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Showing contexts for: 205 in Iv. Whether The Tenure Of The Elected ... vs Shri Pheiroijam Heramani Aged About 50 ... on 29 August, 2025Matching Fragments
[3] The present writ appeals have been preferred by the State Authorities being aggrieved by the common impugned judgment and order dated 18.04.2023 passed by the Ld. Single Judge in the batch of writ petitions being WP(C) No. 266 of 2023, WP(C) No. 205 of 2023 & WP(C) No. 239 of 2023 whereby, the elected representatives of the Gram Panchayat (in short GP) which tenure had already been expired in the year, 2022 of the 6 (six) valley districts i.e. Imphal East, Imphal West, Thoubal, Bishnupur, Kakching and Jiribam were directed to function till the election notification has been issued as done in the case of 27 Urban Local Bodies order dated 19.01.2023 in WP(C) No. 935 of 2022 and connected cases.
[4] The W.A. No. 9 of 2024 is preferred against the common judgment in WP(C) No. 205 of 2023, the W.A. No. 10 of 2024 is preferred against WP(C) No. 266 of 2023 and the W.A. No. 11 of 2024 is preferred against WP(C) No. 239 of 2023. MC(WA) No. 58 of 2025, MC(WA) No. 57 of 2025, MC(WA) No. 59 of 2025 has been filed for intervention of the elected members of Panchayat for intervening in WA No. 9 of 2024.
[5] The petitioners in this batch of writ petitions being WP(C) No. 266 of 2023, WP(C) No. 205 of 2023 & WP(C) No. 239 of 2023 are the elected members of the Panchayat election held in the year, 2017 and their terms expired in the year, 2022. Since election could not be held immediately, State cabinet took a decision dated 02.01.2023 in terms of the provision of Section 22(1)(a)(i) read with Section 22(1)(b)(i) of the MPR Act, 1994 for appointment of Administrative Committee of each GP. In pursuance to the cabinet decision dated 02.01.2023, Joint Secretary (Rural Development & Panchayati Raj), Government of Manipur issued a letter dated 23.01.2023 to the Deputy Commissioners (in short DC) of Imphal East, Imphal West, Thoubal, Bishnupur, Kakching and Jiribam informing them to take up necessary actions for issuance of requisite notification for appointment of Administrative Committee in terms of the cabinet decision. By another order dated 23.01.2023, Joint Secretary (RD & PR), Govt. of Manipur appointed the DCs of Imphal East, Imphal West, Thoubal, Bishnupur, Kakching and Jiribam as Administrator for 6(six) Zilla Parishads of respective districts with immediate effect. However, the appointment of 6(six) DCs as Administrator for 6 Zilla Parishads, vide order dated 23.01.2023 issued by the Joint Secretary (RD & PR) Govt. of Manipur was stayed by Ld. Single Judge vide order dated 02.03.2023 in WP(C) No. 205 of 2023.
[7] In WP(C) No. 205 of 2023, the petitioners challenged the letter dated 23.01.2023 issued by Joint Secretary (RD & PR), Govt. of Manipur, thereby, intimating cabinet decision dated 02.01.2023 for constitution of Administrative Committee for each Gram Panchayat along with order dated 23.01.2023 issued by Joint Secretary (RD & PR), Govt. of Manipur appointing 6(six) DCs of Imphal East, Imphal West, Thoubal, Bishnupur, Kakching and Jiribam as Administrator of respective 6(six) Zilla Parishads. In WP(C) No. 239 of 2023, the petitioners challenged the letter dated 23.01.2023 of Joint Secretary (RD & PR), Govt. of Manipur for intimating cabinet decision dated 02.01.2023, regarding constitution of Administrative Committee for each GP along with order dated 23.01.2023 issued by the Joint Secretary (RD & PR), Govt. of Manipur whereby, discontinued the elected Zilla Parishad of the year, 2017 (5th Panchayat Election, 2017) and appointment of DCs of 6(six) districts as Administrator. These writ petitions were taken up together and disposed of by the common impugned judgment and order dated 18.04.2023 passed by the Learned Single Judge. It was held in 'para 35' of the judgment that after the expiry of the 5(five) years terms of the 5th Panchayat Election held in the year, 2017 the State could not conduct any election for the 6th Panchayat Election in terms of the provision of MPR Act, 1994. It is also observed that the provision of Section 22(3) of the Amended Act of 1996 permits the earlier members of the Panchayats to be appointed as Administrative Committee and permitted the existing members to look after the expiry of its term till the completion of election as done in the case of 27 Urban Local Bodies and the Autonomous District Council of the State of Manipur as per order dated 19.01.2023 passed in WP(C) No. 935 of 2022 and connected cases and the relevant paras are reproduced herein below:
[8] Being aggrieved by the common impugned judgment and order dated 18.04.2023, the State Govt. have filed the present writ appeals being WA No. 9 of 2024, WA No. 10 of 2024, WA No. 11 of 2024 against the common judgment of writ petitions being WP(C) No. 266 of 2023, WP(C) No. 205 of 2023 & WP(C) No. 239 of 2023 respectively on the following grounds :-
A. The provision of Section 22 of MPR Act, 1994 and the MPR (Amendment) Act, 1996 are not applicable in the present cases as these are to be applicable only in case of immediate situation under the establishment of GP for the first time i.e. as evident from the word [immediately after establishment of such GP occur in Section 22(1)(a)] such situation only in case when election could not be held for the constitution of first GP after the establishment of MPR Act, 1994. Non- holding of election in the 7th General Election GP is not within the ambit of Section 22 of MPR Act, 1994 as well as MPR (Amendment) Act, 1996.