Tribal body sets ultimatum demanding ADC Election; threatens 48 hours bandh
Source: IT News
Imphal, December 28 2020:
The All Tribal Rights People Forum (ATRPFM) has set ultimatum for announcement of the Autonomous district Council (ADC) Election Manipur by January 5 next year, failing which the Tribal body threatens to impose 48 hours bandh at both the national highways from the following days.
A memorandum in the connection has been submitted to the governor of Manipur for her interference to the conduct of the state government but not even complying with the court order and also by leaving aside and ignoring the order issued by the Secretary (Tribal Affairs, Hills, SC), Govt of Manipur on May 5, 2015 let the Chairmen of ADCs to continue as the Caretaker Chairmen during the suspension period and restore their positions as Joint Signatories of the Bank Account for financial transactions.
In the memorandum submitted the ATRPFM stated that the term of office of the ADC members has been expired in the month of May 2020 as per the Section 13 of the Act, 1971 and the notification for election or reconstitution of ADCs shall be issued before the expiry of the term.
However, the state Government extended the term till November 30, 2020 without reasonable ground of administrative difficulties, it added.
It also stated that the Hill Areas Committee (HAC) recommended for conducting the election on time and not to extend the term further.
However, the State Government issued a supersession order without taking into consideration the views and recommendation of HAC.
The said order of supersession contravenes Section 47 of the Act, 1971 as the report from the Deputy Commissioner was not called for and there is no expiry date of supersession and the provisions under Sub Sections of Section 47 cannot be invoked as there are no grounds.
The body reminded the order issued by the Principal Secretary (Tribal Affairs, Hills, SC), Govt.of Manipur dated 05-05-2015 that mandated the Chairmen of the ADCs to continue and serve as the caretaker chairmen during the conduct and till the completion of ADC elections 2015 of which the State Government will have to follow as a binding precedents/conventions.
The memorandum also stated that the State Government cannot remove the Chairmen from the Joint Signatories as there is no statutory provisions to do so.
As per Section 43 of the Act, all money received by the District Councils shall be held by the District Councils in 'Trust' and no other authority is competent to replace the signatories of the Chairmen from their Bank Accounts.
The Chairmen of ADCs shall remain as Joint Signatories of the Bank Accounts for financial transactions.
On the other hand High Court of Manipur had also passed an order in W.P(C) No.647 of 2020 thereby put the impugned order dated 30-11-2020 of supersession in suspension on the ground that the State Government issued the impugned order in total disregard and disobedience of the court order of November 27, 2020.It was observed by the court that once and order has been passed by the court, it will have to be honoured and complied with, if no appeal is preferred against it.
The ATRPFM urged the governor of Manipur to interfere and take prompt necessary action and direct the State Government and the department concerned to comply with the court's order and set aside the impugned order dated 30-11-2020 .
It also urged the governor to direct the State Government to follow the order dated 05-05-2015 Principal Secretary (Tribal Affairs, Hills, SC), Govt.of Manipur as binding precedents/conventions and also to issue notification for elections to ADCs and conduct the elections within 5th January, 2021.The tribal body further threatened impose bandh in National Highways from 7:00 am of 6th January, 2021 for 48 hours if the government fails to extend the term of office of the ADCs till the actual election is conducted, whichever is preferable.
Lastly, but not the least the ATRPFM demanded to make the Chairmen of ADCs to continue as the Caretaker Chairmen during the suspension period and restore their positions as Joint Signatories of the Bank Account for financial transactions.
Comment
