ATSUM’ s memorandum to Hill Areas Committee chairman Dinganglung Gangmei, says the Principal Secretary (Revenue)’s office memo dated 26th August 2008 and Additional Chief Secretary (TA&H)’s order dated 26th April 2022 for constitution of Cabinet Sub-committee are ab-initio void and cannot be acted upon
TFM Desk
Raising strong exception to Manipur Government’s move to redraft Village Recognition Rules in Hill Areas and Valley, All Tribal Students’ Union Manipur (ATSUM) demanded revocation the order issued by Additional Chief Secretary (TA&H) on April 26, 2022 for constitution of Cabinet Sub-Committee in this connection. It also demanded modification of Office Memorandum dated 26th August 2008 with regard to recognition of village issued by the Principal Secretary (Revenue).
The revocation/modification the order/notice is must so as to protect the Special Provision guaranteed under Article 371C and the subsequent order dated 20th June 1972 issued by the then President, VV Giri, it said.
Drawing the attention of Hill Areas Committee chairman Dinganglung Gangmei in this regard, ATSUM submitted a memorandum for his consideration “by attracting Article 371C of the Constitution & Item no. 7 of the 2nd Schedule of the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972”.
The memorandum signed by ATSUM president Paotinthang Lupheng and general secretary Sr. Andria said the Hill Areas Committee is constituted for dealing with the hill matters, however, the impugned notice dated 26th August 2008 and the order dated 26th April 2022 with respect to hill matters was issued beyond jurisdiction without the consent and approval of the Hill Areas Committee.
The ATSUM listed seven grounds for revocation and modification of the impugned notice/order.
The grounds cited by the students’ body are:
1. Because, the Manipur Land Revenue and Land Reforms Act, 1960 and its Rules, 1961 are not extended in the Hill Areas of Manipur. By virtue of the proviso of Section 2 of the MLR & LR Act, 1960, the Act is not extended in the Hill Areas of Manipur. As such, the Principal Secretary (Revenue) has no authority to issue the impugned order dt. 26th August 2008 with respect to the villages in the Hill Areas of Manipur.
2. Because, by virtue of Art.371C and the subsequent order dated 20th June, 1972, issued by the then President of India V.V. Giri, the Central and the State government including the Revenue department has nothing to do with the land and forest in the hill areas and the villages thereof. As such, the impugned notice dated 26th August 2008 and the order dated 26th April 2022 are ab-initio void and cannot be acted upon.
3. Because, the Department of TA & Hills is incompetent to issue the impugned order dated 26th April, 2022 without referring the matter to HAC which was constituted under Article 371C of the Constitution. Hence, the impugned order is ultra vires and is not binding upon the parties.
4. Because, as per the provision guaranteed under Item no. 7 of the 2nd Schedule of the Scheduled Matters of the Manipur Legislative Assembly (Hill Areas Committee) Order dated 20th June 1972, the subject matter of “Village in Hill areas” is absolutely within the purview of HAC. Accordingly, HAC is the only competent authority to issue all matters relating to villages in the Hill areas.
5. Because, by issuing the impugned notice dated 26th August 2008 and the order dated 26th April 2022, the Special Provision guaranteed under Article 371C is defeated and thereby reduced to mockery.
6. Because, mere executive order cannot supersede the mandatory provision guaranteed under Article 371C of the Constitution.
7. Because, the impugned order is arbitrary, illegal, bias, unconstitutional, discriminatory, ultra vires and ab initio void.