Ukhrul: The Governor of Manipur, Lakshman Prasad Acharya on October 9, 2024 issued an order canceling the appointment of Caretaker Chairman in all Autonomous District Councils (ADCs) in the state, in compliance with a Gauhati High Court order.
In the order, the Governor stated that in compliance with the Gauhati High Court’s order dated March 15, 2024, in WA No. 353 of 2023, the state has cancelled earlier orders issued on March 14, 2023, and March 27, 2023, appointing Caretaker Chairman for all ADCs in Manipur.
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The order also mentioned that Dr. Yaronsho Ngalung, who was the Chairman of the Ukhrul ADC and appointed as the Caretaker Chairman of the said ADC, tendered his resignation on June 6, 2022, which was subsequently accepted by the state government through Order No. TA-101(1)/5/2022-e-TA&H, dated June 27, 2022.
Following this, on August 8, 2023, the High Court of Manipur granted permission to Mark Luithing, the lone BJP ADC member, to serve as the Caretaker Chairman of Ukhrul ADC, despite objections from former ADC members.
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However, the order notes that the August 8, 2023 judgment passed by the learned Single Judge of the Manipur High Court was challenged by M. Issac, a former vice-chairman, who filed a writ petition before the Gauhati High Court following permission granted by the Supreme Court of India in its order dated August 29, 2023, in Special Leave to Appeal (C) No. 18591/2023.
The Governor’s order cited the Gauhati High Court’s ruling that “there is no provision in the scheme of the 1971 Act or the 1972 Rules for the appointment of a Caretaker Chairman by treating him as a member of the Ukhrul ADC.” The Division Bench further opined that since the Ukhrul ADC had ceased to exist after the expiry of its term, the appointment of a member of the expired Council as Caretaker Chairman was illegal. Therefore, the Gauhati High Court declared the appointment of Caretaker Chairman in any ADC as illegal.
The order said that the High Court’s declaration is now a settled point of law, binding on all state authorities. It added that the judgment, as a “judgment in rem,” applies uniformly across all ADCs in the state, in accordance with the Supreme Court’s order dated September 29, 2023.
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