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2014 DIGILAW 54 (MAN)

Namdigong Kamei v. State of Manipur and Ors.

2014-04-25

L.K.MOHAPATRA

body2014
JUDGMENT This writ application has been filed for quashing the notification dated 6th November, 2013 issued by the Secretary, Hills Department, Govt. of Manipur declaring the name of elected members of village authority of Bamgaijang in the district of Tamenglong and further declaring the respondent No.4 as the chairman of the said village authority. 2. The case of the petitioner is that his deceased father K. Namjinthuiyang R. Naga had established Bamgaijang village in the year 1977 with consent of Khunbu of surrounding villages and also concerned authority. The said village was under the supervision of Village Authority of the main village Akhui. In a joint meeting of the representatives of the Akhui, Bamgaijang and Khoukang village held on 24.9.1979, Deputy Commissioner, Tamenglong approved separation of Bamgaijang village from Akhui village on 10.1.1980. According to the petitioner, his deceased father was the Khunbu of the said village having established the same and in terms of Section Sub-section 4 of the Manipur (Village Hills Areas) Act, 1956(herein after called the Act), he has to be declared as Khunbu of the village by way of succession. Further case of the petitioner is that in terms of the provisions of the above Act, the members of the village authority have to be elected but the Khunbu shall be the ex-officio chairman of the village authority in terms of Section 3 of the Act. Therefore, the petitioner should have been declared as the Khunbu of the village after demise of his father and should have also been declared the Exofficio Chairman of the village authority in place of respondent No.4 who is only an elected member of the village authority. 3. The state respondents have filed counter affidavit wherein it is stated that election of a member of a village authority is conducted by concerned Deputy Commissioner through its subordinate officers as per Rule 13 of the Rules for Conduct and Election of Members of Village Authority and for the purpose of declaration of result of the election, approval of the Government is required. For the village in question, election was held in 2012 and the results were submitted to the State Government for approval. There were litigations in relation to the election conducted in 424 villages in 2012 except village Bamgaijang. Therefore, the Government issued the impugned notification on 6.11.2013 after approving the result of the election. For the village in question, election was held in 2012 and the results were submitted to the State Government for approval. There were litigations in relation to the election conducted in 424 villages in 2012 except village Bamgaijang. Therefore, the Government issued the impugned notification on 6.11.2013 after approving the result of the election. It is further stated in the counter affidavit that the petitioner has filed a suit in the court of Civil Judge (Jr.Divn.), Tamenglong for declaration that he is the Khunbu of the village Bamgaijang and accordingly, as and when such declaration is made by the Civil Court in terms of Section 3 Sub-section 4 of the Act, he can be declared as the Ex-officio Chairman. A separate counter affidavit has been filed on behalf of the respondent No.4 and it is stated therein that the father of the petitioner was never declared to be Khunbu of the village Bamgaijang as claimed by the petitioner and in all three elections he was elected as the chairman. In absence of a declaration that the father of the petitioner was the Khunbu of the said village, the petitioner as a matter of right cannot claim to succeed as Khunbu after death of his father. In course of hearing, it was submitted that Khunbu of the village is not required to participate in the election of the village and only after election results are notified, he is declared to be the Ex-officio Chairman of the village authority. If there is no Khunbu in a particular village, one of the elected members has to be elected from amongst members as chairman of the village authority. In the present case, there is no Khunbu for village Bamgaijang and therefore, after the election results were sent to the Government for approval, the impugned notification was issued declaring the result and further declaration was made that the respondent No.4 is the elected chairman of the village authority. 4. Entire case of the petitioner revolves around two questions (i) whether the deceased father of the petitioner was the Khunbu of village Bamgaijang or not, (2) whether in terms of Section 3 Sub-section 4 of the Act, the petitioner is automatically to be declared as Ex-officio Chairman of the village authority. 5. Mr. 4. Entire case of the petitioner revolves around two questions (i) whether the deceased father of the petitioner was the Khunbu of village Bamgaijang or not, (2) whether in terms of Section 3 Sub-section 4 of the Act, the petitioner is automatically to be declared as Ex-officio Chairman of the village authority. 5. Mr. M. Devananda, learned counsel appearing for the petitioner drew attention of the Court to the order dated 10th January, 1980 in Annexure A/1 under which 6(six) villages were separated from the main village Akhui and Bamgaijang became an independent village. After Bamgaijang was made an independent village, election of members of the village authority was conducted from time to time and in Annexure A/3, father of the petitioner was declared to be Chairman in the year 1993. Similarly, in the year 2003 election, deceased father of the petitioner was also declared as the chairman. In the election conducted in 2008, the deceased father of the petitioner was again declared Chairman. In the gazette notification declaring the result in the year 2008, dated 25th June, 2008, father of the petitioner is described as Khunbu. In Annexure A/4, an order has been passed by the Deputy Commissioner, Tamenglong on 22nd August, 2000 directing that the deceased father of the petitioner will act as Khullakpa and Exofficio Chairman of Bamgaijang Village Authority until further order. Relying on the above two documents, it was contended by Mr. M. Devananda, learned counsel for the petitioner that the deceased father of the petitioner was Khunbu of village Bamgaijang. I am unable to accept the above contention considering the fact that in election held in the year 1993, the deceased father of the petitioner was declared as Chairman having been elected in the election. Similarly, in 2003 also, deceased father of the petitioner was declared as the Chairman having been elected as member of the village authority. Only in the year 2008 gazette notification, he has been shown to be Khunbu. If he was Khunbu, there was no necessity for him to contest in the election and could be declared as the Ex-officio Chairman of the village authority. Only in the year 2008 gazette notification, he has been shown to be Khunbu. If he was Khunbu, there was no necessity for him to contest in the election and could be declared as the Ex-officio Chairman of the village authority. On consideration of these documents, I am of the view that the father of the deceased petitioner was never declared to be the Khunbu of the village Bamgaijang and all along he had been elected as a member of the village authority and consequently, from amongst the elected members he was elected as the Chairman. He never worked as Ex-officio Chairman of the village authority being a Khunbu. Possibly for the above reasons, the petitioner has filed Original (Declaratory) Suit No. 3/2013 in the court of Civil Judge (Jr.Divn.), Tamenglong for declaration that he is Khunbu of the village Bamgaijang so long as the petitioner is not declared as Khunbu he cannot claim benefit under Section 3 Sub-section 4 of the Act. Sub-section 4 of Section 3 of the Act is quoted below:- “3(4) Where there is a Chief or Khulakpa in a village, he shall be the ex-officio chairman of the Village Authority of that village; and where there is no such Chief or Khulakpa in the village, the Chairman of the Village Authority of that village shall be elected by the members of the Village Authority from among themselves.” 6. It is specifically provided that where there is a Chief or Khulakpa in a village, he shall be the Ex-officio Chairman of the Village Authority of that village and where there is no such Chief or Khulakpa in the Village, the Chairman of the Village Authority of that village shall be elected by members of Village Authority from among themselves. Had the father of the petitioner been declared to be the Khunbu, there would have been no necessity on the part of the deceased father of the petitioner to contest in the election and become Chairman of the Village Authority. As Khunbu of the village, he could have been declared as Ex-officio Chairman. Nowhere in the gazette notification declaring the results in 1993, 2003 or 2008, deceased father of the petitioner has been described as the Ex-officio Chairman of the Village Authority. As Khunbu of the village, he could have been declared as Ex-officio Chairman. Nowhere in the gazette notification declaring the results in 1993, 2003 or 2008, deceased father of the petitioner has been described as the Ex-officio Chairman of the Village Authority. I am therefore, of the view that the petitioner has to establish his status as Khunbu of the village in a competent Court of law and only after such declaration is made in his favour, he can claim the benefit under Sub-section (4) of Section 3 of the Act. Till then, elections have to be conducted and the Chairman of the Village Authority has to be elected from among elected members. 7. For the reasons stated above, I do not find any merit in the writ application and accordingly it is dismissed.