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Judgment
R.S., CJ
[1] Heard Mr. H.S.Paonam, learned senior counsel for the appellant and Mr. N.Kumarjit, learned Advocate General for the State respondents and Mr.Julius Riamei, learned counsel for the private respondent.
[2] The appeal has been filed challenging the order dated 29.07.2019 passed in MC (W.P(C) No.186 of 2019 (Ref:- W.P(C) No.1110 of 2018 and it reads as follows:-
"29.07.2019
This is an application filed by the private respondents praying for vacation of the interim order passed by this Court on 23.1.2019 directing that the operation of the bank Account No. 0254010370202 of Illeng(Bamreklong) Village Authority in the United Bank of India shall remain suspended and the said order was continued until further order vide this Court's order dated 29.4.2019. The grounds on which the said application has been filed, are interalia that the election of the Illeng Village authority has been held and the private respondents have been declared to be the Chief and the Secretary of the Illeng Village and accordingly, the interim order granted on 23.1.2019 is required to be vacated. The contention of the learned counsel appearing for the petitioner/respondents is that the election has not been held in respect of the Illeng Village and therefore, the petitioner continues to be the Chief of the Village. On 26.7.2019, when the said application was considered by this Court, it became necessary for this Court to find out as to whether the election of the Illeng Village had been really held or not and accordingly, the Government Advocate was directed to produce the records. In compliance thereof, the file maintained by the Deputy Commissioner, Tamenglong was produced by the learned Government Advocate and on perusal thereof, it is seen from the letter dated 12. 1.2018 addressed to the Deputy Commissioner, Tamenglong by the Sub Divisional Officer, Tamei that election result in respect of 34(thirty four) Villages which was held between 4.1.2018 and 12.1.2018, was submitted with the rider that the election result of 7(seven) villages be submitted later on. In continuation of the said letter dated 12.1.2018, another letter dated 12.2.2018 was addressed to the Deputy Commissioner, Tamenglong by the Sub Divisional Officer Tamei enclosing therewith the result in respect of the 5(five) villages out of the said 7(Seven) villages and from the said letter dated 5.2.2018, it is seen that the result in respect of the left out 2(two) villages was to be submitted later on. On 5.4.2018, the Deputy Commisioner, Tamenglong addressed a letter to the Joint Secretary, Tribal Affairs & Hills, Government of Manipur submitting the results of the election with respect to various villages falling under the sub-divisions namely Tamenlgong, Taosem and Tamei Sub Divisiion. From the said two letters dated 12.1.2018 and 5.2.2018, it is further seen that the election results in respect of the 39(thirty nine) villages were submitted but the notification dated 10.9.2018 filed along with the additional affidavit of the petitioner stated that in respect of the Tamei sub-division, the results in respect of 37(thirty seven) villages were approved and notified. But it is nowhere mentioned in the said notification as regards the results of the Illeng Village.
After having heard the learned counsel appearing for the parties, this Court is of the view that the reason as to why the results in respect of the two villages have not been notified, can be furnished by the government at the time of hearing the writ petition.
At this state, it has been submitted by the Shri H.S. Paonam, learned senior counsel appearing for the applicant that although the said notification dated 10.9.2018 was issued by the Government, it is nowhere indicated therein the provisions of law by which the approval was granted by the Government to the declaration of the elected persons in respect of the village authorities.
Be that as it may, so far as the present application is concerned, in view of the fact that the result of the said Illeng Village has not been declared for one reason or other which can be ascertained later during the course of the hearing the writ petition, the application is devoid of merit and stands dismissed."
This order was passed on the application filed by the present appellant, who was private respondent in the writ petition declining to vacate the interim order dated 23.01.2019. The appellant/private respondent filed the above application to vacate the interim order dated 23.01.2019 and that order reads as under:-
" Heard Mr.D.Julius Riamei, learned counsel for the petitioners. Issue notice.
Mr. Samarjit, learned GA enters appearance and accepts notice on behalf of the respondents No. 1, 2 & 3.
Petitioner is to take steps for service of notice upon the respondents No. 4, 5 & 6 by speed post within three days from today.
List the matter on 28th February, 2019.
Till the next returnable date, the operation of the bank Account No. 0254010370202 of Illeng (Bamreklong) Village Authority in the United Bank of India shall remain suspended."
[3] The prayers of the writ petition are as follows:-
"i) Pass an order or direction by issuing a writ of Mandamus or a writ in the nature of a writ of Mandamus or any other appropriate writ or order or direction as this Hon'ble Court may deemed fit and proper in the facts and circumstances of the case to Respondents to implement all welfare and development schemes, work programs particularly the MGNREGS works and distribution of wages of Illeng (Bamreklong) Village, Tamei Sub-Division, Tamenglong District, Manipur through the Village Authority of Illeng (Bamreklong) Village, Tamei Sub-Division, Tamenglong District, Manipur;
ii) Pass an order directing the Respondents No. 1 & 2 to conduct an enquiry on the illegal transaction and changes of the name account holder of the Illeng (Bamreklong) Village Authority, Tamei Sub-Division, Tamenglong District, Manipur by the Respondents No. 3 in collusion/connivance with the Respondents No. 4, 5 & 6;
iii) Pass an order or direction to Respondents No. 1, 2, 3 & 4 that the Petitioners shall continue to operate the bank account being Account No. Account No. 0254010370202 in the United Bank of India, Imphal Branch until the issue of Chairman of the Illeng (Bamreklong) Village Authority, Tamei Sub-Division, Tamenglong District, Manipur is finally resolved as per the direction dated 08.08.2018 of this Hon'ble Court in WP (C) No. 729"
[4] The respondent/writ petitioner claims that he is the Chairman of the Village Authority of Illeng (Bamreklong) Village Authority , Tamei Sub-Division, Tamenglong District, Manipur and on the basis of that claim, he wanted to continue to operate the bank account and that is as per prayer No.(iii). However, in the interim order granted by the learned Single Judge dated 23.01.2019, the learned Single Judge gave relief to neither of the parties. On the contrary, the operation of the bank account number referred to in the interim order dated 23.01.2019 (supra) was suspended meaning thereby both the parties were not entitled to operate the bank account. The present appellant, who was the respondent in the case, pleaded that the interim order should be vacated and that was declined by the learned Single Judge by order dated 29.7.2019 set out above stating that since the result of election to the post of Chairman/Members of the Illeng Village Authority, Tamei Sub-Division, Tamenglong District, Manipur has not been declared in the manner prescribed by law, the need to vacate the interim order does not arise. That appears to be the cause of action for filing appeal. Notice was ordered. All the respondents appear.
[5] Today, when the matter is taken up, Shri H.S.Paonam produced a copy of proceeding of the Addl. Chief Secretary (TA & Hills),
Government of Manipur dated 26th August, 2019 whereunder, in compliance with the order of this Court passed on 8.8.2018 in W.P(C)
No.729 of 2018, the Government's conveyed approval to the declaration of the election to the post of Chairman/Members of the Illeng Village Authority
"GOVERNMENT OF MANIPUR
SECRETARIAT: T A & HILLS DEPARTMENT
ORDERS BY THE GOVERNOR OF MANIPUR
Imphal, the 26th August, 2019
No. 1/10/2019-HILLS (HC):- Whereas, the Hon'ble High Court of Manipur vide Order dated 08.08.2018 passed in W.P (C) No.729 of 2018, directed Respondent No. 1 to dispose of the representation/complaint dated 21.07.2018 submitted by the Petitioner.
And whereas, on completion of the tenure/term of the village Authorities in Hill Areas, the State Government vide Notification dated 18.12.2017 instructed all the Deputy Commissioners of Hill areas to hold the Village Authority elections.
And whereas, Sub-Divisional Officer, Tamei vide Order No.12/2/TML/VAE/2017 dated 6th January 2018 notified 11th January of 2018 as the day for holding of Village Authority election of Illeng Village, Tamei sub-division, Tamenglong district.
And whereas, as per Form of Election (Rule 13), the Village Authority Election of Illeng was conducted on 11th January 2018. 11(eleven) persons were elected uncontested as Members of Illeng Village Authority. Therein, Shri Kariusungbou was elected as the Chairman of Illeng Village Authority and Shri Ch. Ngoulakbou as Secretary of the Village Authority.
And whereas, the Government vide Notification No. 1/10/2019-HILLS (HC) dated 8th August 2019 summoned Shri. Z. Dironbou (Petitioner) and Shri. Karusungbou (Chairman, as per the report of Deputy Commissioner, Tamenglong). Parties appeared on the day fixed and submitted representation in support of their claims.
(a) The contention of the Petitioner is; the Village Authority Election was held clandestinely in some private Individual house instead of holding the election at the Pei/the Office of the Village Authority and submitted the Form of Return under Rule 13 nominating some persons as the Members other than the undersigned and 6(six) other incumbent Village Authority Members.
(b) Shri Kariusungbou submitted that the Village Authority Election of Members were held within the Village presided by Election Officer duly nominated by the Office of Sub-divisional Officer, Tamei. The election of Village Authority Members were conducted after completion of necessary procedures. Therein, 11(eleven) persons were elected uncontested as Members of Illeng Village Authority and Shri Kariusungbou was elected as the Chairman of Illeng Village Authority and Shri Ch. Ngoulakbou as Secretary of the Village Authority.
Conclusion:-
The tenure/term of the Village Authority Members being completed, the Petitioner's submission of nominating him and the incumbent 6 (six) Members is not tenable. There is no provision in the Village Authority Election Rules prohibiting holding of election by the Election Officer at an individual residence moreover; the Rule provides that election shall be held on such place or places within the Village. As per the proceedings of the Village Authority election conducted by the Election Officer, it is discerned that the Village Authority election of Illeng Village was held as per the Rules provided and without any encumbrances.
In consideration of all the facts, circumstances and for the reasons mentioned above, the Governor of Manipur is pleased to accord approval to the declaration of the elected Persons as Chairman/ Members of the Illeng Village Authority, Tamei Sub-Division, Tamenglong District as per the Annexure appended hereto.
Illeng Village Authority
Name of Elected Members
Name of elected Chairman
Sl. No.1
Z. Kariusungbou
Chairman
Sl. No.2
Ch. Ngoulakbou
Secretary
Sl. No.3
K. Kongpibou
Member
Sl. No.4
Z. Chawangdinbou
Member
Sl. No.5
B. Dongkulbou
Member
Sl. No.6
B. Kadalungbou
Member
Sl. No.7
K. Lungsulakbou
Member
Sl. No.8
K. Paramhotlingbou
Member
Sl. No.9
Z. Chahotsilbou
Member
Sl. No.10
Z. Hulangwangbou
Member
Sl. No.11
Z. Namsongkebou
Member
This orders is issued in compliance to the Hon'ble High Court's Order dated 08.08.2000 passed in W.P (C) No.729 of 2018. With this the Petitioners representation/complaint dated 21/7/2018 stand disposed of.
By Order & in the Name of the Governor
Sd/-
(Letkhogin Haokip)
Addl. Chief Secretary (TA & HILLS)
Government of Manipur"
[6] In view of the subsequent events that has happened, the relief sought for by the appellant has also become infructuous because the Chairman, Secretary and Members will have to work out their rights in terms of the Government order dated 26th August, 2019. In the same manner, the prayer in the writ petition, more particularly, the prayer No.(iii) which seeks to continue to operate the bank account and other reliefs cannot be considered because of the Government order dated 26th August, 2019 which has approved the election of the Chairman, Secretary and Members. If the respondents/writ petitioners is aggrieved, he is entitled to challenge such election and approval.
[7] Mr. PG Thairiklung, learned counsel for the respondents states that they are aware of the order of the Government dated 26.8.2019 and respondent No.1, Shri Z.Dinornbou has challenged the Government order dated 26.8.2019 in W.P(C) No.711 of 2019. He also states that as on today, there is no interim order.
[8] It is open to the respondent to work out his remedy in the newly filed writ petition. As far as the present appeal and the main writ petition is concerned, the issue becomes irrelevant and infructuous by passing of the Government order dated 26.8.2019 because no relief as sought for by the petitioner can be granted in the light of the new Government order dated 26.8.2019. Further, the relief sought for in the appeal to modify the order dated 23.01.2019 has no relevance as the parties will have to work out their rights on the basis of the Government's approval of the election in terms of the order dated 26.8.2019.
[9] Observing as above, the writ appeal as well as the writ petition stand disposed. Interim order stands vacated allowing the parties to work out their remedy in accordance with law.