Imphal: The All Tribal Rights’ Protection Forum Manipur (ATRPFM) has appealed to the state government to revoke the order dated 30-11-2020 of supersession and also restore the legitimacy of the signature of the chairman in the bank account concerned and also make the chairmen continue as Caretaker Chairman during the period of supersession.
In a press release of ATRPFM, it was stated that the forum strongly opposed the order dated 30-11-2020 of supersession issued by Additional Chief Secretary, (TA & Hills) by order in the name of the Governor in contravention of the provisions of ADC Act, 1971 and its Rules made thereunder.
And that, the tribal civil organizations and the public have been demanding the conduct of ADC election at the earliest. However, instead of conducting the election the State Government has dissolved and superseded without issuance notification for conducting the election with malafide motive to manipulate the proper functioning of ADCs and there is a high apprehension that the remaining 50%% of the fund of ADCS under 15th finance would be misappropriated as ADCS have no any control to the said fund after the supersession.
There may not be specific provision in the Act pertaining to the Chairman of the ADC concerned to be continued to serve as the caretaker Chairman and to continue as one of the Joint signatories of the concerned bank account during the supersession period. However, as a convention and precedent the Chairman of the ADC concerned shall continue to serve as the caretaker Chairman as well as the signatories of the concerned bank account, said the release.
The release further said that this is because as per the Section 43 of the Act, all money received by the district council shall be held by the District Council in trust and no other authority is competent to replace the signatory of the Chairman in its bank account.
There is no statutory provision to remove the Chairman from the joint signatories and hence the said order dated 30-11-2020 is illegal and cannot be maintained in the eyes of law. Hence, we strongly demand that the said order issued by the Additional Chief Secretary, (TA & Hill), shall be quashed and set aside with immediate effect. And also the signatoriship of Chairman should be restored and make him to continue as a caretaker Chairman during the supersession period.
If all the financial transaction of the district councils is exclusively handled by another authority to the exclusion of all ADC Chairmen, there is a high chance that the remaining 50 % of the fund under 15″ finance would be misappropriated without the knowledge of ADCs and hill people. Instead of supersession, the term of office shall have been extended, mere non extension of the term of office of the ADCs did not serve any purpose as far as the functioning of the ADCs is concerned; the supersession without election is equivalent to the extension of the ADCs term for the public, asserted the statement.
Additionally, there shall be a specific period of supersession and election or nomination, as the case may be, shall be held before the expiry of the supersession for the purpose of reconstituting the council. But when there is no specific period of supersession there can be no expiry of the supersession period. The supersession period cannot be uncertained or indefinite, added the release.
Therefore, the tribal body appealed to the state government to revoke the order dated 30-11-2020 of supersession and also restore the signatoriship of chairman in the bank account concerned and also make the Chairmen continue as Caretaker Chairman during the period of supersession.