Hajarimayum Bobby Sharma v. State of Manipur and 2 Others

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IN THE HIGH COURT OF MANIPUR AT IMPHAL Hajarimayum Bobby Sharma

… Petitioner/s Vs. State of Manipur & 2 ors.

… Respondent/s

B E F O R E HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH 16-05-2024 Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Maria, learned counsel appearing for the petitioner ; Mr. M. Rarry, learned counsel appearing for respondent Nos. 1 & 2 and Mr. U. Augusta, learned counsel assisting Mr. Y. Nirmolchand, learned senior counsel appearing for respondent No. 3. [2] The present writ petition pertains to challenging the reservation of ward No. 5, Imphal Municipal Corporation for ST candidate and more particularly for woman candidate belonging to ST community. It has been submitted by the learned senior counsel for the petitioner that due to the present situation which occurred recently in the State of Manipur, the population ratio (:) belonging to ST community residing in the said ward No. 5 of Imphal Municipal Corporation has decreased considerably and as such the Government needs to reconsider reservation of the said ward for candidates belonging to ST community. LAISHRA M DHAKESH ORI DEVI Date: 2024.05.16 15:55:42 +05'30'

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[3] The learned senior counsel further submitted that the present writ petition may be disposed of by giving liberty to the petitioner for filing a detailed representation to the concerned authorities of the State Government within one month from today raising all the relevant points and by directing the concerned authorities to dispose of the said representation on its own merit and strictly in terms of the applicable act and rules and also taking into account the population ratio (:) residing in the said ward and to dispose of the same within a stipulated period. [4] Mr. M. Rarry, learned counsel appearing for respondent Nos. 1 & 2 and Mr. U. Augusta, learned counsel appearing for respondent No. 3 fairly submitted that as the prayer made on behalf of the petitioner confines to consideration and disposal of the representation to be submitted by the petitioner, they have no objection in disposing of the present writ petition as prayed for by the learned senior counsel for the petitioner. [5] In view of the submission made by the learned counsel appearing for the parties, the present writ petition is hereby disposed of with the following directions :-

(i) The petitioner is given liberty to approach the concerned authorities of the State Government by filing a representation raising his grievances within a period of one month from today;

(ii) In the event of submitting such representation by the petitioner within the stipulated period, the concerned

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authorities to whom the said representation is addressed should consider the same on its own merit and strictly in terms of the applicable act and rules and also taking into account the population ratio (:) presently residing in the said ward No. 5 of Imphal Municipal Corporation and to dispose of the same by issuing appropriate order in that regard.

(iii) The whole exercise should be completed within three months from the date of receipt of the said representation. [6] It is made clear that the earlier interim order passed by this Court shall continue till the consideration and disposal of the said representation. [7] With the aforesaid directions, the present writ petition is disposed of.

JUDGE

Dhakeshori