IT News
Imphal, April 5:
Election for new office bearers of the All Manipur Bar Association (AMBA) which was scheduled to hold on May 8, 2022 has been differed by an order of the Justice Ahanthem Bimol Singh of Manipur High Court.
The order comes today after Puyam Tomcha Meetei filed a petition against the filing of nomination by the present President on the ground that a person cannot hold the post consecutive term.
The case of the petitioner is that the Returning Officer of AMBA issued a notice dated 25-04-2022 for the election of the Executive Members of AMBA. Pursuant to the said notice, the present petitioner along with respondent No. 5 (the present president) filed their nomination paper for the post of President of AMBA. As per the notified dates, Scrutiny was held on 30-04-2022 and on which date, the present petitioner filed an objection against the respondent No. 5 stating that he is not eligible for re-election for the reason that under the first proviso of the Bye-Law 13(II), it is provided that the out-going office bearers of the Executive Committee shall not be eligible for re-election in any post for next one term and that in case no candidates come up for a particular post/posts, he / she may be re-elected by the General Body Meeting.
“After considering the objection raised by the present petitioner, the Returning Officer issued an order on 02-05-2022 rejecting the objection filed by the present petitioner and accepting the nomination of the respondent No. 5 on the ground, inter alia, that the words “re-election” or “out-going” as mentioned in the first proviso to Bye-Law13(II) are vague and that unless the respondent No. 5 handed over the charge to the newly elected President of the AMBA, the respondent No. 5 cannot be regarded as an out-going office bearer. Having been aggrieved, the present petitioner approached this court by filing the present writ petition with a prayer for quashing the said impugned order. The petitioner submitted that if the Returning Officer has any doubt as to the interpretation or meaning of the relevant provision of the Bye-Law, he ought to have referred the matter to the Registrar of Societies for a final decision as provided under Bye-Law No. 47 of the Bye-Law of AMBA. In view of the above, the petitioner submitted that the election which is scheduled to be held on 08-05-2022 be deferred for some time and the Registrar of Societies may be directed to decide as to whether the respondent No. 5 is eligible for re-election as President of AMBA in view of the provision under Bye-Law 13(II) first proviso. After hearing the learned counsel for the parties, this court is of the considered view that it will be expedient and in the interest of justice to pass the following interim order – (i) The Secretary, AMBA is directed to forward a copy of the ByeLaw of AMBA, the notification/ notice declaring the respondent No. 5 as the elected President of AMBA in the last election of AMBA,the nomination paper filed by the respondent No. 5, the objection dated 30-04-2022 filed by the present petitioner as well as the impugned order dated 02-05-2022 [3] issued by the Returning Officer to the Registrar of Societies on or before 06-05-2022 without fail;
(ii) In the event of furnishing such documents by the Secretary, AMBA, the Registrar of Societies is directed to examine and to decide the issue as to whether the respondent No. 5 is eligible for re-election as the President of AMBA and to submit his decision before this court on or before 11-05-2022 without fail; and (iii) Till the next date, the respondent Nos. 3 and 4 are directed not to hold the election of the Executive Members of AMBA for the year 2022-2024 without the leave of this court. List this case again on 11-05-2022. A copy of this order be furnished to all the counsel appearing for the parties through their WhatsApp/e-mail during the course of the day”, the order reads.
