MC(WP(C))/558/2026 of Tharmi Shimray and Anr Vs State of Manipur and 5 Ors on 11 August 2026

Order

12.08.2026

Heard Mr. Tungrei Ngakang, learned counsel for petitioners, Mr. S. Niranjan, learned G.A. for State respondent and Mr. Lungmi Ragui, learned counsel for respondent Nos. 4, 5 & 6.

The petitioner who is Ex-Chairman of Sihai Khunou Village for the purpose of MGNREGS and by the present petition, he challenged the order dated 02.06.2026 appointing respondent No. 4 as Chairman on the basis of election and resolution taken by villagers on 05.01.2026 and also consequential relief of not releasing the fund from MGNREGS. The main ground in the petition is that Block Development Officer, Ukhrul issued a notice dated 05.05.2026 for appointment of MGNREGS Chairman in Sihai Khunou Village. It is pointed out that in order dated 02.06.2026 appointing respondent No. 4 as Chairman of village, it was taken that on the resolution taken on 05.01.2026. Mr. Tungrei Ngakang, learned counsel for petitioners, submits that this appointment order dated 02.06.2026 is not in terms of notice dated 05.05.2026 and resolution was taken prior to that, i.e. on 05.01.2026. On 27.07.2026, this Court issued notice in the petition and gave ten days time to learned G.A. to take instruction with regard to the prayer for passing interim order. When the matter is taken up today, Mr. Tungrei Ngakang, learned counsel for petitioners, prays for passing an interim order in terms of the earlier direction dated 27.07.2026.

Mr. S. Niranjan, learned G.A. for State respondent and Mr. Lungmi Ragui, learned counsel for respondent Nos. 4 to 6, pray for two more weeks’ time for filing counter affidavit.

Mr. S. Niranjan, learned G.A., submits that he is yet to get instruction on this aspect. However, he explains that the appointment order dated 02.06.2026 of appointing respondent No. 4 as Chairman for the purpose of MGNREGS Sihai Khunou village is done as the petitioner’s work cannot stop and fund cannot be kept stagnant and it is also further submitted that election could not be conducted due to ongoing law and order situation in the area.

Mr. Lungmi Ragui, learned counsel for respondent Nos. 4 to 6, submits that petitioner has been removed from Chairmanship of MGNREGS Sihai Khunou Village on the allegation of misappropriation of fund and since he is not discharging the Chairmanship of MGNREGS of Sihai Khunou Village, he has no authority over the fund and relief prayed for as interim relief, i.e., stay over the disbursal of fund for material component of MGNREGS, cannot be entertained as he has no authority to use the fund. Till the appointment of respondent No. 4 is set aside by this Court or review by any competent authority, respondent No. 4 is the person authorized to look after MGNREGS work in Sihai Khunou Village.

This Court has perused the materials on record. It is admitted case of the petitioner himself [as apparent from his representation dated 30.06.2026 submitted to the Deputy Commissioner, Ukhrul] that he is Ex-Chairman of MGNREGS of Sihai Khunou Village. This meant that, as on date, he is not discharging any duty of Chairmanship for the village with respect to MGNREGS work.

This Court does not find any merit in the application for the interim relief of staying disbursement of fund for MGNREGS of Sihai Khunou Village for the time being. Accordingly, MC(WP(C) No. 558 of 2026 is dismissed.

Two weeks’ time is granted to the respondents for filing counter affidavit.

List the remaining case on 12.10.2026.

JUDGE

Kh. Joshua Maring

KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2026.08.14 09:49:24 +05'30'