Don't delay ADC polls, urges ATRPFM
Source: The Sangai Express

Imphal, December 15 2020: Conduct the elections to the Autonomous District Councils without further delay or extend the term of office of the ADCs till the actual elections are held, said ATRPFM (All Tribal Rights Protection Forum Manipur) today.

In a representation submitted to Governor Dr Najma Heptulla today, the ATRPFM apprised her that the term of office of the ADC Members had expired in the month of May 2020 as per Section 13 of the ADC Act, 1971 but the State Government had extended the term of the ADCs till November 30 last "without reasonable ground of administrative difficulties" .

The Hill Areas Committee (HAC) had recommended elections on time and not to extend the term of the ADCs further.

However, the State Government issued a "suppression order without taking into consideration the views and recommendation of HAC." "The said order of suppression contravenes Section 47 of the ADC Act, 1971 as the report from the Deputy Commissioner was not called for and there is no expiry date of suppression and the provisions under Sub-Sections of Section 47 cannot be invoked as there are no grounds," said ATRPFM.

Significantly, the Principal Secretary (Tribal Affairs, Hills, SC) during Congress Government had issued an order on May 5, 2015 thereby mandating the then Chairmen of the ADCs to continue and serve as the caretaker Chairmen till the completion of the ADC elections 2015 .

The present Government has to follow this as a binding precedent/ conventions, said ATRPFM.

"The State Government cannot remove the Chairmen from the Joint Signatories as there are no statutory provisions to do so.

As per Section 43 of the (ADC) 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," said ATRPFM.Meanwhile, the High Court of Manipur had passed an order suspending the suppression order of November 30, 2020 on the ground that the State Government issued the "impugned" order in total disregard and disobedience of the Court order of November 27 .

It was observed by the Court that once an order has been passed by the Court, it will have to be honoured and complied with, if no appeal is there against it, added ATRPFM appealing the Governor 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 November 30 order.

The ATRPFM further urged the Governor to direct the State Government to follow the May 5, 2015 order of the Principal Secretary (Tribal Affairs, Hills, SC), as binding precedents/ conventions.

The Chairmen of ADCs should be the caretaker Chairmen until elections and their positions as Joint Signatories of the Bank Account for financial transactions shall be restored.

Election notification should be issued and polls be held without further delay or extend the term of the office of the ADCs till the actual elections are conducted, said ATRPFM.

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