Tongbram Sunita Chanu and Another v. Registrar of Societies, Manipur and 3 Others

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Item No. 7

IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP (C) No. 126 of 2022

Tongbram Sunita Chanu; & Anr. Petitioners Vs.

Registrar of Societies, Manipur; & 3 Ors. Respondents BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

06.02.2024

Heard Mr. N. Mahendra, learned counsel appearing for the petitioners, Mr. Th. Vashum, learned Government Advocate appearing for the respondent No. 1 and Mr. Riyanandan, learned counsel representing Mr. Ajoy Pebam, learned counsel appearing for the private respondents No. 3 & 4. None appeared for the respondent No. 2 besides service of notice. The present writ petition has been filed with a prayer for quashing and setting aside the notification dated 11.02.2022 issued by the respondent No. 2, declaring the candidature of the private respondents No. 3 & 4 for the post of president and treasurer of the Managing Committee of the RIMS Nurses Association as valid. Mr. N. Mahendra, learned counsel appearing for the petitioners as well Mr. Riyananda, learned counsel appearing for the private respondents submitted that the election for the said posts was held on 14.02.2022 and that both the petitioners have been elected for the aforesaid 2 (two) posts and they are still continuing as president and treasurer of the Managing Committee of the said Association. As per the Rule 19 (g) of the Rules and Regulation of the said Association, the term of office of the Managing Committee is for 2 (two) years and since the period of 2 (two) years are going to be lapsed on 13th of this Month i.e., KABORA MBAM SAPANA CHANU by KABORAMBAM SAPANA CHANU Date: 2024.02.06 15:38:16 -08'00'

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13.02.2024, this Court is of the considered view that the issue raised in the present writ petition has become purely academic in nature. Mr. N. Mahendra, learned counsel appearing for the petitioner submitted that the core issue to be decided in the present writ petition is about the interpretation of the words "Nursing Sister" as mentioned in rule 19 (b) of the said Rules and Regulation of the said Association and whether the Nursing Sister should be a person appointed on regular basis or whether such Nursing Sisters should also include those person who are holding the post of Nursing Sisters on in-charge basis. Mr. N. Mahendra, learned counsel appearing for the petitioners submitted that the said issue needs to be decided in order to prevent any future litigation. After hearing the submission advance by the learned counsel appearing for the petitioners and on perusal of the material available on record, this Court is of the considered view that since both the petitioners have been elected in their respective post and since their term of office is going to be expired within a few days, no effective relief can be granted to the petitioners and that the issue raised in the present writ petition has become purely academic in nature. Accordingly, the present writ petition is hereby closed by keeping open the issue raised in the present writ petition for a proper adjudication, if the need so arise. With the aforesaid observations, the present writ petition is hereby closed.

JUDGE Sapana