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1998 DIGILAW 34 (GAU)

Radhabinod Koijam and Another v. State of Manipur and Ors.

1998-02-11

H.K.SEMA

body1998
This petition has been filed by 2 (two) petitioners, seeking a writ in the nature of Certiorary for quashing the order dated 31.12.97 issued by the 2nd respondent. So far it relates to SI Nos 4 and 5 of the order. 2. Factual matrix first. Petitioner No.l was elected from Thangmeiband Constituency in the General Election held in 1995 and he was inducted as a Cabinet Minister and designated as Deputy Chief Minister. He was allotted the Bungalow at Babupara earmarked for the Deputy Chief Minister. He is riot now holding the post of Deputy Chief Minister but he has been declared as Leader of the Opposition in Manipur Legislative Assembly wef 22.12.97 in the order issued by the Secretary, Manipur Legislative Assembly. By another order dated 27.12.97 he was given the amenities entitled to a Cabinet Minister. Petitioner No."2 was also elected from Wangkhem Constituency in the General Election held in 1995 and he was also inducted as a Cabinet Minister. He is now an MLA and a candidate sponsored by the Congress I in the ensuing election to the Lok Sabha from the Inner Manipar Parliamentary Constituency. While he was a Cabinet Minister the petitioner No. 2 was allotted Quarter No.5 at Babupara. By the impugned order dated 31.12.97, petitioner No.l was allotted another Quarter Type VQ/CP3 at Lamphelpat and the petitioner No.2 was also allotted Quarter Type IV/6 at Babupara. Being aggrieved, they preferred this petition. 3. It is contended by Mr. Ashok Potsangbam that there is no rules framed for allotment of house to the Cabinet Ministers and the Members or the MLAs of the Manipur Legislative Assembly by the Speaker and therefore, in absence of rules, the authorities are allotting houses by adopting pick and choose policy resulting in arbitrary exercise of power. 4. Counter on behalf of the respondents has been filed. It is averred in para 3A that the said House in the occupation of petitioner No.l was allotted to him while he was Deputy Chief Minister. It is also averred in para 3B that the Estate Officer, Govt of Manipur by an order dated 30.3.95 earmarked the Quarter in question for the Deputy Chief Minister under Rule 3 (a) of the Govt of Residences (General Pool in Imphal) Rules, 1989. 5. It is also averred in para 3B that the Estate Officer, Govt of Manipur by an order dated 30.3.95 earmarked the Quarter in question for the Deputy Chief Minister under Rule 3 (a) of the Govt of Residences (General Pool in Imphal) Rules, 1989. 5. It is further averred in paragraph 3E that although the Quarter in question occupied by the petitioner No. 1 has been earmarked for the Deputy Chief Minister, in view of the fact that the State of Manipur would be hosting the 5th National Games at Imphal in 1998 the House earmarked for the Deputy Chief Minister has been allotted to one Shri M.Kumar Singh, Minister (Higher Education) who is also the President of Olympic Association for the State of Manipur so as to facilitate him to discharge his great responsibilities in hosting the 5th National Games at Imphal. It is further stated that the Bungalow in question is having residential office for running various activities for the forthcoming 5th National Games and since the 5th National Games is a prestigious issue for the State of Manipur, the said House had been allotted to Shri M.Kumar Singh to run residential office so as to facilitate him to discharge his onerous duties. 6. Needless to say that hosting of 5th National Games at Imphal is of paramount of public importance. Therefore, allotting the befitting House to the Education Minister who is also the President of the Olympic Association for facilitating him to discharge his onerous duties effectively cannot be faulted. Mr. M.Kumar Singh also has not been impleaded as party respondent in this petition. 7. However, specific averment has been made in paragraph 6 of the writ petition that persons who are neither Govt servant nor MLA nor Minister are allotted to occupy Minister's Bungalow within Babupara Complex and they are not disturbed by the impugned order. These are: (i) Shri Th Chaoba Singh, Ex MP now occupying highly improved Quarters No.l of Minister's Bungalow. (ii) Shri W. Angou Singh, a Rajya Sabha MP now occupying a Minister's Quarter. (iii) Shri Tarapot Singh, PTI, now occupying a Minister's Quarter. (iv) Shri Bijoy Singh, now occupying a Minister's Quarter at Babupara. 8. The averment made in paragraph 6 of the writ petition has been answered in paragraph 6 of the counter and the statement in paragraph 6 of the writ petition has not been controverted. (iii) Shri Tarapot Singh, PTI, now occupying a Minister's Quarter. (iv) Shri Bijoy Singh, now occupying a Minister's Quarter at Babupara. 8. The averment made in paragraph 6 of the writ petition has been answered in paragraph 6 of the counter and the statement in paragraph 6 of the writ petition has not been controverted. It is, however, stated that the Govt of Manipur is now considering the appropriate action to be taken up for*e-allocating the quarters mentioned in paragraph 6 of the writ petition. So far with regard to Shri Th Chaoba Singh, ex MP, it has been stated that in view of threat perception to his life he is enjoying Z plus security arrangement and therefore, he has been allowed to occupy the quarter for security reasons. 9. In a Parliamentary form of Govt, the opposition leader in the Lok Sabha and the Legislative Assembly is always viewed from the point of shadow Prime Minister or shadow Chief Minister as the case may be. Admittedly, petitioner No. I has been declared as Leader of the Opposition with all the amenities entitled to a Cabinet Minister. The post of Deputy Chief Ministeris not a constitutional post. He is essentially a Cabinet Minister re-designated as Deputy Chief Minister. It is only an arrangement for political convenience. But the post of Council of Ministers are constitutional post. The Leader of Opposition in the Lok Sabha or Assembly as the case may be although equated with the Cabinet Minister, in practice he shoulder bigger responsibilities than the Cabinet Minister. As the Leader of Opposition, he has to organise party activities, lookafter the affairs of the party functionaries etc. Not only this, he has to monitor the function of the Govt in power and therefore, he has to discharge the onerous public duties both inside and outside the Assembly. Democratic from of Govt would be reduce to a mockery if there is no strong opposition. 10. At the time of hearing of this writ petition, submission has been made by the learned counsel for the petitioners that Bungalow No. 15 at Babupara which is attached with office is being occupied by an MLA. If that is so, such Bungalow with attached office would be allotted to the petitioner No.l to facilkate him to discharge his duty of Leader of Opposition effectively both inside and outside the Assembly. If that is so, such Bungalow with attached office would be allotted to the petitioner No.l to facilkate him to discharge his duty of Leader of Opposition effectively both inside and outside the Assembly. It is, however, stated by the learned Advocate General that the petitioner No. 1 has been allotted a Cabinet Ministers Quarter at Lamphelpat previously occupied by the petitioner No. 1 as Cabinet Minister. Already said, that as a Leader of Opposition his office is the centre of political activities and in that view, although he is equated with the rank of Cabinet Minister, his responsibilities are more than the Cabinet Minister. In this view, he ought to be allotted a Bungalow at Babupara attached with office commensurate with his status as a Leader of Opposition as observed above. 11. For the reasons aforestated, this writ petition is disposed of with the following directions: (a) Petitioner No.l shall be given alternative allotment at the Babupara preferably Bungalow No. 15 or any other Bungalow attached with office. Till such time that alternative arrangement is made, he shall not vacate the house under his occupation. Petitioner No. 1 shall, however, vacate the house under his occupation as soon as alternative arrangement as indicated above is made. (b) With regard to petitioner No.2, he is now an MLA and the house allotted to him is commensurate with his status. Therefore, no grievances can be raised. It is, however, observed that since the petitioner No.2 is a candidate in the ensuing Lok Sabha Election from the Inner Manipur Parliamentary Constituency started for 16th February, 1998, he should be allowed to occupy the house under his occupation presently till 16th February, 1998. After the election is over he shall vacate the house under his occupation presently and move to the allotted house. With the aforesaid direction, this writ petition is, accordingly, disposed of, no costs