HC to decide if gram panchayat members can continue in Manipur post tenure: SC
New Delhi (PTI): The Supreme Court on Thursday said the high court would decide whether the elected gram panchayat members, whose five-year tenure was over in Manipur, were entitled to continue in their posts in the event of the appointment of an administrative committee or an administrator.
A bench of Justices Surya Kant and N Kotiswar Singh said it would like to have the benefit of the view of the high court in the matter and set a three-month time frame to adjudicate the legal question.
"The question that falls for consideration in this case is that whether the elected member of the Gram Panchayat whose five-year tenure is over was entitled to continue as members of the gram panchayat in the event of appointment of administrative committee or administrator, as contemplated under Section 22 of the Manipur Panchayati Raj Act of 1994," the bench noted.
The Manipur government’s counsel said the state could not hold panchayat elections due to the unprecedented violence.
"Since, we would like to have the advantage of the opinion of the high court, we dispose of the special leave petition without expressing any opinion on merits, with the request to the chief justice of Manipur High Court to post the main case before a division bench at the earliest. We further request the division bench, before whom the matter is listed, to provide expeditious hearing with an endeavour to resolve the controversy within three months," the bench said.
The bench noted that provision of Manipur Panchayati Raj Act was amended to substitute the word "cease" with the word "continue" with respect to the tenure of the elected members of the gram panchayat.
The petitioners have challenged a high court order and submitted that since elections in gram panchayat could not be held in Manipur for various reasons, the previously elected members of the panchayat were entitled to continue as per the amended Section 22 (3) of 1994 Act.
Section 22 deals with the power of deputy commissioner to appoint an administrative committee or an administrator for a period of six months, which will then oversee the election.
Section 22 (3) of the law says once the administrative committee or an administrator is appointed by the deputy commissioner, the elected members of earlier gram panchayat shall cease to exist.
The top court said what has been challenged before it was an interlocutory order of the high court and the main petition in which the question of law that had been raised was still pending.
The original petitioners before the high court were elected representatives at the fifth general elections for gram panchayats and the zilla parishads who sought a direction to continue in the office beyond the period of five years as stipulated by law as elections were last held in 2017.
They sought to continue as panchayat members till the time the state election commission notified the election for the sixth general elections for gram panchayats and zilla parishads.
On February 29, last year, the high court in its interim order gave liberty to Manipur government to appoint an administrative committee for each gram panchayat and zilla parishad in accordance with law and the provision of the Act.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Karnataka govt directs municipal corps to regulate, prohibit pigeon feeding
Bengaluru (PTI): The Karnataka government has issued directions to municipal corporations across the state to regulate and prohibit feeding pigeons in public places, citing serious public health concerns.
Deputy Secretary to Government V Lakshmikanth has written to the Urban Development Department requesting it to issue directions to the Greater Bengaluru Authority (GBA) and all municipal corporations to take immediate steps to implement the measures.
In an official note dated December 16 issued by the Health and Family Welfare Department and released to the media on Wednesday, the department said uncontrolled feeding of pigeons in public places has resulted in large congregations of birds, excessive droppings and serious health concerns, particularly respiratory illnesses linked to prolonged exposure to pigeon droppings and feathers such as hypersensitivity pneumonitis and other lung diseases.
ALSO READ: Chinese GPS tracker found on seagull near Karwar Coast
"The commissioner, the Greater Bengaluru Authority and the Commissioners and chief officers of other municipal corporations shall take necessary action to mitigate the causes of dangerous disease spread by pigeon and enforce specified guidelines in their respective jurisdiction," the note said.
According to the department, these include a prohibition on feeding pigeons or causing pigeons to be fed in areas where it may cause nuisance or pose a health hazard to the public. Pigeon feeding shall be permitted only in designated areas in a controlled manner, subject to certain conditions.
"The designated areas may be selected in consultation with stakeholders. The responsibility for upkeep of the designated areas and compliance to the directions shall be taken up by some charitable organisation or an NGO. The feeding in designated areas shall be permitted only for some limited hours in the day," it said.
The note further stated that authorised officers of local authorities shall issue on-the-spot warnings and may impose fines for violation of the order, or lodge complaints to prosecute offenders under Sections 271 (Negligent act likely to spread infection of disease dangerous to life) and 272 (Malignant act likely to spread infection of disease dangerous to life) of the Bharatiya Nyaya Sanhita.
It also directed local authorities to conduct public awareness campaigns, including the display of signboards, banners and digital messages, explaining the health hazards associated with pigeon droppings and feathers, the content of the regulatory directions and penalties for violations, and alternative humane methods of bird conservation that do not endanger public health.
