Source: Hueiyen News Service
Imphal, March 30 2010:
A division bench of the Gauhati High Court, Imphal Bench has admitted a writ petition to hold the election to the Autonomous District Councils of the state after the extension of the VIth Schedule of the Constitution of India in the state of Manipur as resolved/agreed by the state Cabinet on various occasions.
With the admission of the writ petition, the division bench comprising of Judges, Acting Chief Justice, Ranjan Gogoi and Justice K Meruno yesterday has also fix the date of hearing on May 4 next.
The writ petition was filed by three individuals, Ramvao of Viewland, Ukhrul district, L John Suantak of Kamuching of Senapati district and LR Maki of Khamsom village of Senapati district and the respondents are Manipur government, its law and legislative affairs department, department of hills and union of India through the secretary, ministry of home affairs, New Delhi.
In the petition it was stated that the issuance of notification no.1/12/2009 dated 11-01-2010 related with publication of Manipur (Hill areas) rules, 2009 for the election of the Autonomous District Council was illegal, unlawful, arbitrary, malafide, biased, discriminatory, vindictive and capricious has the VI Schedule of the Constitution of India which state cabinet at various occasions is yet not materialized and extended in the hill districts of the state.
It further alleged the issuance of notification no.15/1/2008-CHA dated 11/9-2009 regarding the delimitation of the ADCs as against law as it was made on the basis of the electoral rolls of the Constitution through the same has not been made on the basis of population.
It was a gross violation of the principal of natural justice and the relevant provisions of law.
The petitioners prayed the court to issue rule nisi calling upon the respondents to show cause as to why the prayer should not be granted and quashing the notification dated 11/9/2009 and 11/1/2010 stating that the notifications were not sustainable in the eye of law.