Manipur High Court · 2022
Case Details
14. Smt. Ahongsangbam Pati Devi, aged about 57 years WO late A. Chaoton Singh of Lambal Makha Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
15. Smt. Thiyam Amusana Devi, aged about 61 years WO Th. Oja Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
16. Smt. Kakchingtabam Nungshitombi Devi, aged about 70 years W/O late K. Lokhon Singh of Lambal Makha Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
17. Pukhrambam Joychandra Singh, aged about 44 years S/O W. Wangkhei Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
18. Lairenmayum Ningthem Singh, aged about 52 years S/O late L. Mangi Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
19. Smt. Pukhrambam Laibi Devi, aged about 68 years W/O late P. Kalanjoy Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
20. Nongmaithem Netra Singh, aged about 45 years S/O N. Naba Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
21. Ningthoujam Ibocha Singh, aged about 57 years S/O late N. Mantri Singh of Lambal Makha Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
22. Huidrom Sharat Singh, aged about 31 years S/O late H. Bimol Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur..
23. Konthoujam Kanta Singh, aged about 30 years S/O K. Ibocha Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
24. Potsangbam Kalaton Singh, aged about 42 years S/O P. Achoubi Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
25. Waikhom Inakhunba Singh, aged about 51 years S/O late W. Khomba Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
26. Ahongshangbam Bimolchand Singh, aged about 56 years S/O late A. Krishna Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur. CRP (C.R.P. Art. 227) No. 3 of 2020
27. Ahongshangbam Nongmaijing Singh, aged about 62 years S/O late A. Bira Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
28. Moirangthem Manglemba Singh aged about 45 years S/O M. Madhop Singh of Lambal Makha Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
29. Smt. Ningthoujam Madhubala Devi, aged about 57 years W/O M. Manihar Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
30. Smt. Konthoujam Thoibi Devi, aged about 62 years W/O K. Ibocha Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
31. Waikhom Tomba Singh, aged about 43 years S/O W. Khomba Singh of Lambal Sabal Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
32. Lairenmayum Sana Singh, aged about 46 years S/O late L. Mangi Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
33. Ahongsangbam Shamungou Singh, aged about 38 years S/O A. Kukulo Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
34. Smt. Kabrabam Indubala Devi, aged about 56 years W/O K. Tomba Singh of Lambal Makha Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
35. Laishram Tolpishak Singh, aged about 44 years S/O late L. Tomba Singh of Lambal Makha Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
36. Ahongshangbam Demkesho Singh, aged about 40 years S/O A. Yaima Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
37. Laishram Premjit Singh, aged about 30 years S/O late L. Thoiba Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
38. Khundrakpam Muhibabu Singh, aged about 62 years S/O Kh. Dhaka Singh of Lambal Sabal Leikai, PO and PS: Lamsang, District : Imphal West, Manipur. Vs. Petitioners
1. The Ibudhou Koubru Committee-cum-Lambal Village Authority, 744/SR/IW/2009, Registration No. represented by its President, Shri Thokchom Inaocha Singh CRP (C.R.P. Art. 227) No. 3 of 2020 aged about 50 years S/O Th. Tombi Singh of Lambal Makha Leikai, PO and PS: Lamsang, District : Imphal West, Manipur. 2. The Deputy Registrar of Societies, Imphal West having its office at Lamphelpat, PO & PS: Lamphel, Imphal West District, Manipur PIN 795004.
3. Sagolsem Robindro Singh, aged about 40 years S/O S. Ibocha Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
4. Konthoujam Nabadip Singh, aged about 63 years S/O late K. Nimai Singh of Lambal Awang Leikai, PO and PS: Lamsang, District : Imphal West, Manipur.
5. Ahongshangbam Ibomcha Singh, aged about 57 years S/O A. Khema Singh of Lambal Mayai Leikai, PO and PS: Lamsang, District : Imphal West, Manipur. Respondents BEFORE HON’BLE THE CHIEF JUSTICE MR. SANJAY KUMAR For the petitioners : Mr. N. Suresh, Advocate For respondents Date of Order : : None appears
31.08.2022 Sanjay Kumar (C.J.): ORDER (ORAL) [1] The order dated 30.11.2019 passed by the Manipur State Co-operative Tribunal at Lamphelpat, Manipur, in Co-operative Appeal Case No. 1 of 2019, is subjected to challenge in this revision filed under Article 227 of the Constitution. The petitioners were the respondents in the said appeal. [2] Heard Mr. N. Suresh, learned counsel for the petitioners. CRP (C.R.P. Art. 227) No. 3 of 2020 [3] Despite service of notice, there is no representation for the contesting respondent No. 1, viz., the appellant in Co-operative Appeal Case No. 1 of 2019. [4] Mr. N. Suresh, learned counsel, would raise only one issue for consideration. He would contend that the Co-operative Tribunal had no jurisdiction to deal with the subject matter of the appeal, as it pertained to the Manipur Societies Registration Act, 1989, and not to the Manipur Co-operative Societies Act, 1976. [5] Perusal of the record reflects that Co-operative Appeal Case No. 1 of 2019 was filed by respondent No. 1 herein under Section 149 (3) read with Section 97 of the Manipur Co-operative Societies Act, 1976. Thereby, respondent No. 1 sought quashing of the order dated 30.03.2019 issued by the Deputy Registrar of Societies, Imphal West. By the said order, the Deputy Registrar cancelled the registration of the change of name of a society from “The Twenty Day Care Kids’ Home” to “The Ibudhou Koubru Committee” and then to “The Ibudhou Koubru Committee-cum-Lambal Village Authority.” [6] Significantly, the petitioners herein had raised the issue of the Tribunal’s lack of jurisdiction as the matter arose under the provisions of the Manipur Societies Registration Act, 1989. Surprisingly, the Tribunal opined that the Government of Manipur had constituted it under the Manipur Co-operative Societies Act, 1976, and vested it with jurisdiction to deal with disputes arising not only under the Manipur Co-operative Societies Act, 1976, but also the Manipur Societies Registration Act, 1989. [7] However, there is no provision in the Manipur Co-operative Societies Act, 1976, which empowers the Tribunal constituted thereunder to deal with CRP (C.R.P. Art. 227) No. 3 of 2020 issues arising under the Manipur Societies Registration Act, 1989. Section 149 of the Manipur State Co-operative Societies Act, 1976, merely speaks of the constitution of a Tribunal called ‘The Manipur State Co-operative Tribunal’ to exercise the functions conferred on it or under the said Act only. That being so, the Tribunal had no jurisdiction to entertain an appeal against an order passed under the Manipur Societies Registration Act, 1989. The judgment and order dated 30.11.2019 rendered by the Manipur State Co-operative Tribunal at Lamphelpat, Manipur, in Co-operative Appeal Case No. 1 of 2019, is therefore bereft of jurisdiction and on that short ground, the same is set aside. CRP (C.R.P. Art. 227) No. 3 of 2020 is accordingly allowed. In the circumstances, there shall be no order as to costs. Sandeep CHIEF JUSTICE CRP (C.R.P. Art. 227) No. 3 of 2020