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2025 DAILYLAW 2897 (MAN)

Tholung Beshang v. State of Manipur and 3 Ors

MC(WP(C))/816/2025 · 2025-11-12

A Guneshwar Sharma

Writ Petition (Civil)body2025

Judgment text

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Item No. 6-7 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 888 of 2025 with MC(WP(C) No. 816 of 2025 Tholung Beshang …..Petitioner/s - Versus – State of Manipur & 3 Ors. .... Respondent/s BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 13.11.2025 [1] Heard Mr. M. Hemchandra, learned senior counsel assisted by Mr. M. Rendy, learned counsel for the petitioner and Mrs. Ch. Sundari, learned G.A. for official respondent Nos. 1 to 3. [2] Mr. M. Hemchandra, learned senior counsel for the petitioner, submits that by the present writ petition, the petitioner is challenging the appointment of respondent No. 4 as new Chief of Thamlapokpi Village, Chandel District vide order dated 21.04.2023 issued by the Sub Divisional Officer, Chandel. [3] Learned senior counsel for the petitioner draws the attention of this Court to the order dated 20.10.2022 passed by this Court in WP(C) No. 1035 of 2015 wherein it has been held that the State Government has no power/authority or jurisdiction to declare a person as a Headman of a village and the appointment of a village Head by an order of State Government appointing Headman was quashed. [4] Mr. M. Hemchandra, learned senior counsel for the petitioner, refers to Section 3 of Manipur (Village Authorities in Hill Areas) Act, 1956 whereas it is provided that the village authority has to be elected body only and for removal and any dispute in the election of members of any village authority lies with the Deputy Commissioner under Sections 8 & 12 of the Act. [5] In the circumstances, the petitioner made a representation dated 27.10.2025 to the Deputy Commissioner, Chandel and also another similar representation dated 03.11.2025 to the Additional Chief Secretary/Secretary (TA & Hills), Government of Manipur for cancelling the appointment of respondent No. 4 as Chief of Thamlapokpi village, Chandel. It is submitted that representations are still pending with the authorities. [6] Mr. M. Hemchandra, learned senior counsel for the petitioner, submits that writ petition may be disposed of at this stage by directing the authority to decide the pending representation within a stipulated time. [7] Mrs.Ch. Sundari, learned G.A., submits that respondent No. 4 whose Chiefship has been challenged in the present writ petition has not been heard. However, she submits that the matter may be remanded to the authorities to decide the pending representations. [8] This Court has perused the materials on record, considered the submissions made at the bar and the provisions of the Act. [9] Sections 8 & 12 of the Act empower the Deputy Commissioner for removal and to decide election dispute of the members of the village authority. [10] In the circumstances, the writ petition is disposed of at this stage by directing the Deputy Commissioner, Chandel to decide the pending representation dated 27.10.2025 submitted by the petitioner as per law within a period of three months from the date of receipt of a copy of this order. [11] This Court has not issued notice to respondent No. 4 whose appointment is sought to be challenged. Deputy Commissioner, Chandel is directed to issue notice to respondent No. 4 herein i.e. Mr. SK. Lovemol, Chief of Thamlapokpi Village, Chandel, P.O. & P.S. Pallel, Chandel before deciding the matter. [12] With this observation, writ petition is disposed of. Misc. application is also closed. [13] This Court does not express any opinion on the merit of the case. JUDGE Kh. Joshua Maring KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.11.13 16:03:18 +05'30'