Imphal, Dec 28, 2020 (UNA): The All Tribals' Rights Protection Forum Manipur (ATRPFM) submitted an ultimatum to the Chief Minister and Governor of Manipur on the subject ultimatum in the matter pertaining to ADC Election in respect of Manipur regarding on the three matters namely, to comply with the order dated 18-12-2020 passed by the High Court of Manipur in W.P(C) No.647 of 2020 thereby suspended the impugned order dated 30-11-2020 of supersession issued by Additional Chief Secretary (TA & Hills) in the matter pertaining to conduct of ADC Election and set aside the same on the ground of contravention of the provisions of ADC Act 1971 and its rules made thereunder; to follow the order dated 05-05-2015 issued by Principal Secretary (Tribal Affairs, Hills, SC), Govt. of Manipur as a binding precedents/conventions and let the Chairmen of ADCs to continue as the Caretaker Chairmen during the suspension period and restore their positions as Joint Signatories of the Bank Account for financial transactions and to issue notification for elections to ADCs and conduct the elections within 5th January, 2021 tailing which we shall be in painful necessity to impose Bandh on National Highways from 6th January, 2021 in collaboration with Tribal CSOs and the public. Alternatively, extend the term of office of the ADCs till the actual election is not conducted.
The ultimatum issued by ATRPFM signed by its president Joseph Rongmei stated that the term of office of the ADC members has been expired in the month of May
2020 as per the Section 13 of the Act, 1971 and the notification for election or reconstitution of ADCs shall be issued before the expiry of the term. However, the state Government extended the term till November 30, 2020 without reasonable ground of administrative difficulties.
Stated that the Hill Areas Committee (HAC) recommended for conducting the election on time and not to extend the term further However, the State Government issued a supersession order without taking into consideration the views and recommendation of HAC.
The said order of supersession contravenes Section 47 of the Act, 1971 as the report from the Deputy Commissioner was not called for and there is no expiry date of supersession and the provisions under Sub Sections of Section 47 cannot be invoked as there are no grounds. That the Principal Secretary (Tribal Affairs, Hills, SC), Govt of Manipur issued an order dated 05-05-2015 thereby mandated the Chairmen of the ADCs to continue and serve as the caretaker chairmen during the conduct and till the completion of ADC elections 2015 of which the State Government will have to follow as a binding precedents/conventions, said the ultimatum.
And 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 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.
That, the Hon'ble High Court of Manipur was pleased to pass an order in W.P(C) No.647 of 2020 thereby put the impugned order dated 30-11-2020 of supersession in suspension on the ground that the State Government issued the impugned order in total disregard and disobedience of the court order of November 27, 2020. It was observed by the court that once and order has been passed by the court, it will have to be honoured and complied with, if no appeal is preferred against it.
In the above-mentioned facts and circumstances, it is demanded to take prompt necessary action and direct the state government and the department concerned to comply with the court's ordera nd set aside the impugned order dated 30-11-2020; follow the order dated 05-05-2015 Principal Secretary (Tribal Affairs, Hills, SC), Govt. of Manipur as binding precedents/conventions; issue notification for elections to ADCs and conduct the elections within 5th January, 2021, failing which we shall be in painful necessity to impose bandh in National Highways from 7:00 am of 6 January, 2021 for 48 hours or extend the term of office of the ADCs till the actual election is conducted, whichever is preferable; make the Chairmen of ADCs to continue as the Caretaker Chairmen during the suspension period and restore their positions as Joint signatories of the bank account for financial transactions.
And for which act of your prompt and necessary action, we, shall be grateful
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