WP(C)/1121/2022 of LAISHRAM ARENKUMAR SINGH AND ANR Vs STATE OF MANIPUR AND 2 ORS on 29 December 2022

WP(C) No. 1121 of 2022Laishram Arenkumar Singh & anr.

… Petitioners

Vs.

… Respondents

State of Manipur & ors.

B E F O R E HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

29-12-2022

Heard Mr. Kh. Tarunkumar, learned counsel appearing for the petitioners, Mr. Th. Sukumar, learned Government Advocate appearing for the respondents No. 1 and 2 and Mr. U. Augusta, learned counsel appearing for the respondent No. 3.

The grievances raised by the petitioners in the present writ petition is that pursuant to the direction given by this court in its order dated 13-10-2022 passed in WP(C) No. 850 of 2022, the Commissioner (MAHUD), Government of Manipur issued a Notification dated 13-10-2022 thereby inviting suggestions/ objections from the Ex-Corporators of Imphal Municipal Corporation in respect of the Reservation Policy for SC/ST, SC/ST(Women) and Women within 15 days from the date of receipt of the said notification.

The case of the petitioners is that the action of the authorities in calling the objections under the said notification has been done by way of post decision inasmuch as the authorities have already taken decision with regard to the Reservation Policy.

Mr. Th. Sukumar, learned Government Advocate as well as Mr. U. Augusta, learned counsel appearing for the respondents vehemently submitted that the authorities have not taken any final decision with regard to the Reservation Policy for SC/ST, SC/ST (Women) and Women and that the said notification has been issued in compliance with the order passed by this court.

As the election of the People’s Representatives in the local bodies cannot be postponed indefinitely, this court is of the considered view that the present writ petition can be disposed of with the following directions:- IN. 11

(i) The petitioners or any Ex-Corporators of the Imphal Municipal Corporation, who are willing and interested in submitting objection pursuant to the notification dated 13-10-2022 are given liberty to submit their suggestions/ objections with regard to the Reservation Policy for SC/ST, SC/ST (Women) and Women to the concerned authorities. Such suggestions/ objections should be submitted within a period of 10 (ten) days from today. Corporation, who are willing and interested in submitting objection pursuant to the notification dated 13-10-2022 are given liberty to submit their suggestions/ objections with regard to the Reservation Policy for SC/ST, SC/ST (Women) and Women to the concerned authorities. Such suggestions/ objections should be submitted within a period of 10 (ten) days from today.

(ii) In the event of submitting such suggestions/ objections within the stipulated period, the concerned authorities of the State Government are directed to consider and taken a final decision with regard to the Reservation Policy for SC/ST, SC/ST (Women) and Women within a period of 15 days from the last date of receipt of the suggestions/ objections by interested parties. the stipulated period, the concerned authorities of the State Government are directed to consider and taken a final decision with regard to the Reservation Policy for SC/ST, SC/ST (Women) and Women within a period of 15 days from the last date of receipt of the suggestions/ objections by interested parties.

With the aforesaid directions, the present writ petition is disposed of.

JUDGE