Mizoram Gorkha Sangh and Anr v. Lalmalsawma and 4 Ors

ORDER Date : 27.02.2023 Heard Mr. Ricky Gurung, learned counsel for the petitioners along with Mr. L.H. Page No.# 3/4 Lianhrima, learned Senior counsel for respondent Nos. 3 & 4. The learned counsel for the respondent has mentioned that the Writ Appeal No. 12/2022, which was pending before the Principal Seat has been disposed of vide its Judgment & Order dated 09.02.2023, in view of which, the instant contempt petition is now infructuous. The learned counsel for the petitioner submits that a time period may be given for the State Government to comply with the directions given in Writ Appeal No. 12/2022. On hearing both the parties and on perusal of the Writ Appeal No. 12/2022 dated 09.02.2023, it is seen that this contempt petition arose from WP(C) No. 188/2016, wherein this Court had directed that the State respondents shall pass appropriate orders in terms of the decision of the Permanent Body dated 26.08.2011, regarding the Gorkhas to be listed as OBC. However, on appeal, the Appellate Court had decided as follows:- "12. In view of the above, the State Government shall accept the recommendation of the Permanent Body taken on 26.08.2011 regarding the Gorkhas as members of the other Backward Classes (OBC). However, if the State Government does not agree with the said recommendation, which is ordinarily binding, the State Government must record its reason(s) therefor." In view of the above, since the State Government is yet to decide whether they agree with the recommendation of the Permanent Body dated 26.08.2011 to include the Gorkhas as members of the Other Backward Classes and if not, to record its reasons. The petitioners are to await for the decision of the State Government at this stage. Thus, this Court finds that the instant contempt petition has now become Page No.# 4/4 infructuous. For the above reasons, the Contempt Case No. 21/2017 stands closed and disposed.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC030000022017 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/21/2017 Mizoram Gorkha Sangh and Anr Aizawl 2: Hari Bahadur Thapa President of Mizoram Gorkha Sangh Bungkawn opposite Lai House Aizaw VERSUS Lalmalsawma and 4 Ors New Secretariat Complex, Aizawl 2:Lalrinnliana Fanai IAS Secretary Home Dept. Govt. of Mizoram Aizawl 3:Arvind Ray Chief Secretary Govt. Of Mizoram Aizawl 4:Lalnunmawia Chuaungo Secretary Home Dept. Govt. of Mizoram Aizaw Advocate for the Petitioner : Mr Saurabh Pradhan Advocate for the Respondent : Mr Samuel Vanlalhriata Chhangte for R1 - R2 Page No.# 2/4 Linked Case : I.A.(Civil)/113/2021 Mizoram Gorkha Sangh and Anr. Aizawl 2: Sh. Hari Bahadur Thapa Bungkawn Aizawl Mizoram VERSUS Sh. Lalmalsawma Ex Secretary to the Govt. of Mizoram New Secretariat Complex Aizawl Mizoram 2:Sh. Lalrinliana Fanai Ex Secretary to the Govt. of Mizoram Home Department Aizawl 3:Sh. Arvind Ray Ex Chief Secretary to the Govt. of Mizoram Aizawl 4:Sh. Lalnunmawia Chuaungo Ex Chief Secretary to the Govt. of Mizoram Aizawl 5:Smt. Renu Sharma I.A.S. New Chief Secretary to the Govt. of Mizoram Aizawl Advocate for the Petitioner : Mr Saurabh Pradhan Advocate for the Respondent : Mr Samuel Vanlalhriata Chhangte BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG