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Judgment
Ahanthem Bimol Singh, J
Heard Mr. N. Jotendro, learned senior counsel assisted by Md. Abdul Baqee Khan, learned counsel appearing for the petitioners.
Issue notice, returnable within four weeks.
Mr. Th. Vashum, learned GA entered appearance and accepts notice on behalf of respondents No. 1 to 4, hence no formal notice is called for in respect of the said respondents.
Petitioners are to take steps for service of notice upon respondent No. 5 by way of speed post service.
Steps should be taken within one week and the petitioners are to file an affidavit showing proof of service of such notice.
The learned senior counsel appearing for the petitioners submitted that the members of the Village Water and Sanitation Committee, Khujairok Water Supply Scheme in respect of Keinou Gram Panchayat and Keinou Village were constituted on the basis of a Resolution taken on 15-07-2022 and the tenure of the said committee is for two years. The learned senior counsel submitted that before completion of the tenure of the earlier appointed committee, the office of the Chief Engineer, PHED, Government of Manipur issue the impugned letter dated 18-08-2023 directing for constitution of the Village Water and Sanitation Committee in respect of 16 Districts including the Bishnupur District and pursuant to the said letter, a new Village Water and Sanitation Committee was constituted for the Khujairok Village Water and Sanitation Scheme by an interim order dated 23-02-2024. According to the learned senior counsel, the authorities who issued the said interim order has no jurisdiction to constitute such committee and that the constitution of a new committee before expiry of the tenure of the earlier committee is arbitrary and illegal, hence a prayer has been made for passing an interim order for suspending the impugned order.
Mr. Th. Vashum, learned GA appearing for the official respondents seeks some time to get necessary instruction and to file a detailed counter affidavit.
As prayed for by the learned GA appearing for the respondents, list this case again on 19-04-2024.
After hearing the submission advanced by the learned senior counsel appearing for the petitioners and on perusal of the record, this court is of the view that a prima facie case has been made out for passing interim order. Accordingly, it is hereby ordered that the operation of the impugned interim order dated 23-02-2024 (Annexure A/5) shall remain suspended till the next date.