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[27] It is stated that the provision of Section 109 of the Act is a residuary enabling power, however it cannot override and dilute the specific constitutional and statutory mandate under Article 243E of the Constitution and Section 22(5) of the MPR (Amendment) Act, 1996. It is pointed out that the provision of Section 109 does not authorize the State for removal of duly elected bodies in the absence of the wrongful dissolution or valid expiry followed by timely election. Even that assuming temporary measures can be undertaken, the maximum period allowed under Section 22(5) as inserted by amendment of 1996, prescribes the maximum period of 6 months. It is also submitted that the appointment of Administrative Committee in place of elected body by the DC in purported exercise of Section 109 of the Act in compliance of the interim order dated 29.02.2024 violates the constitutional mandate of Article 243E of the Constitution and statutory limitation under Sections 17 and 22 of the Act.

[38] This Court have perused the material on record, considered the submissions made at the bar and the relevant provisions of law in this regard. It will be appropriate to reproduce the relevant provisions of the law i.e. Article 243E of the Constitution, Sections 17, 20, 22, 92 & 109 of the MPR Act, 1994 and Section 6 of the MPR (Amendment) Act, 1996 and the same is reproduced below:

"Article 243E. Duration of Panchayats, etc.- (1) Every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. (2) No amendments of any law for the time being in force shall have the effect of causing dissolution of a Panchayat at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1) (3) An election to constitute a Panchayat shall be completed-

[39] From the above provisions of the law, it is clear that the tenure of a Panchayat is 5(five) years from the day of its first sitting in terms of the mandatory provision of Section 243E of the Constitution and for any Panchayat prior to the enforcement of the MPR Act, 1994, its tenure of 5(five) years from the day of its first sitting will also be protected.

Section 20 of the MPR Act, 1994 also provides the terms of Panchayat as 5(five) years in consonance with the provision of Article 243E of the Constitution and the election of Gram Panchayat shall be completed before the expiration of its term. Section 22 is in exception to the provision of Article 243E of the Constitution and Section 20 of the MPR Act, 1994 where, a special provision is inserted in case the election of the Panchayat could not be held due to any reasons. Section 22(1)(b) empowers the Deputy Commissioner to appoint 'Administrative Committee' consisting of members qualified to be elected as a member of Panchayat and equal to the number of members such Gram Panchayat under Section 17, not exceeding a period of 6(six) months to exercise and perform the power and duty of the Gram Panchayat. Section 22(3) provides that upon the appointment of Administrative Committee or Administrator under Sub- section 1, the elected members of the Gram Panchayat shall 'cease' to be member of the Panchayat. By the MPR (Amendment) Act, 1996 to the MPR Act, 1994, Section 22(3) has been amended by deleting the word "Administrator" from Section 22 and by replacing the word 'cease' in Sub- section (3) of Section 22 with the word 'continue'. The State Govt. by reading the provision of amended Section 22(3) read with Section 109 of the MPR Act, 1994 and upon the direction of the Ld. Single Judge in the batch of writ petitions mentioned above, used to issue various notifications/orders appointing the Administrative Committee beyond the period of 6(six) months exceeding the limit of 6 months as provided under Section 22(2) of the MPR Act, 1994 and till election are held.

Question No. II. Whether Section 22 of the MPR Act is transitionary or permanent in nature:

[54] It is the submission of Mr. R. Venkataramani, learned Attorney General of India representing State of Manipur that Article 243E of the Constitution provides a tenure of the GP shall continue for 5 years from the date of its first meeting and no longer and Sub clause 2 of the Article 243E protect the tenure of the Panchayat existing prior to the insertion Part IX of the Constitution by 73rd amendment in 1992. In pursuance to the Part IX of the Constitution, the Govt. of Manipur also enacted MPR Act, 1994 and Section 20 prescribes the tenure of the Panchayat as 5 years and both Article 243E and Section 20 mandate that the election for the next Panchayat shall be completed before the expiration of the tenure of the GP by the provision of Section 243E (2) of the constitution. Any existing Panchayat prior to the enforcement of MPR Act, 1994 shall have the full tenure under the 1975 Act and shall continue for 5 years terms. Section 22 of the MPR Act, 1994 prescribes the provision for appointment of Administrative Committee or Administrator on failure to elect the member of the GP and for any sufficient reasons. Section 22 (1) provides that if the election of GP cannot be constituted immediately after the establishment of the GP by reasons of - (a) difficulties in holding election of the members of the GP, and (b) failure to elect such members to consecutive election under Section 17 or any other sufficient reasons or in the general election of the GP no members are elected or less than 2/3 of the total member are elected, the DC shall appoint an Administrative Committee consisting of members qualified to be elected as members of the GP being equal to the number of members as determined under Section 17 or appoint an Administrator. Under sub clause 2 of Section 22, the tenure of the Administrative Committee or Administrator shall not exceed 6 months. Sub-clause 3 of Section 22 stipulates that upon appointment of the Administrative Committee or Administrator, the elected members of the GP shall cease to be members of the GP and all the power and duty of the GP shall be exercised by such Administrative Committee or Administrator. Sub-section 4 of Section 22 prescribes that Administrative Committee or Administrator shall be deemed to be duly constituted GP for the purpose of this Act. By the amendment of 1996 Act, Section 22 has been amended by deleting the word 'Administrator' and in Section 22(3), the word 'cease' has been replaced by the word 'continue'.