The court directed All Manipur Bar Association and the returning officer of AMBA election 2022-24 not to hold the election without the leave of this court following a petition filed by Puyam Tomcha Meetei, who is in the fray for the post of president.
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The High Court of Manipur on Thursday passed an interim order staying the election of the Executive Members of AMBA for the year 2022-2024 scheduled to be held on May 8. The court directed All Manipur Bar Association (AMBA) and the returning officer of AMBA election 2022-24 not to hold the election without the leave of this court. It listed the case for hearing on May 11, 2022.
The HC order came following a petition filed by Puyam Tomcha Meetei, who is in the fray for the post of president.
As per the petition, Maibam Nilachandra Singh, who is re-running for the post of president, “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.”
The petitioner had raised the issue during the scrutiny held 30-04-2022. After considering the objection raised by the present petitioner, the Returning Officer of AMBA election 2022-24 issued an order on 02-05-2022 rejecting the objection filed by the petitioner and accepting the nomination of Nilachandra 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. The order also observed that unless Nilachandra handed over the charge to the newly elected President of the AMBA, he cannot be regarded as an out-going office bearer.
Having been aggrieved, the petitioner approached this court 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.
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 passed an interim order directing AMBA and the returning officer not to hold the election of the Executive Members of AMBA for the year 2022-2024 without the leave of the court.
The HC also directed the Secretary, AMBA is directed to forward a copy of the Bye[1]Law of AMBA, the notification/ notice declaring Nilachandra as the elected President of AMBA in the last election of AMBA, the nomination paper filed by him, the objection dated 30-04-2022 filed by the petitioner as well as the impugned order dated 02-05-2022 issued by the Returning Officer to the Registrar of Societies on or before 06-05-2022 without fail.
The court order further said 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 Nilachandra 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.
The court posted the matter for May 11, 2022.