Imphal, April 16 2010: The Movement for Tribal People's Rights, Manipur (MTPRM) said that it strongly opposes the holding of the district councils under the present Act of the Manipur (Hill Areas) District Council Act of 2008 .

It then draws the attention of the general public and the state government to what it terms as 'a number of inconsistencies and irregularities' with regard to the legislative and executive enactments and decisions under which the proposed elections to the Autonomous District Councils are to be held.

Detailing the roots of the impasse, the MTPRM said that on January 11 this year, the Manipur (Hill Areas) District Councils (Election of Members) Rules, 2009 was notified by the government of Manipur.

Under Rule 116 of the said 2009 Rules, the 1972 Rules was repealed.

Notably, the 2009 Rules omitted the word 'Autonomous' from its title conforming with the title of the principal Act of 1971, that is, the Manipur (Hill Areas) District Councils Act 1971, the MTPRM pointed out.

MTPRM says that it is of the view that the notification of the 2009 Rules were made with mala fide intentions to defeat the central objective of the 1971 Act, that is to establish and set up Autonomous District Councils.

"This inference is borne by the fact that there are a number of irregularities and illegalities in framing and notification of the 2009 Rules.

While the title of the 2009 Rules reads as Manipur (Hill Areas) District Councils (Election of Members) Rules 2009, in a number of Forms notified in the Rules, there are glaring errors and mistakes which has created confusion and doubt among the general public.

In Forms 7 (part IV), 31 and 32 the phrase, "Manipur (Hill Areas) Autonomxous District Councils (Election of Members) Rules 2009", can be found whereas in actuality no such Rules exist.

We view these as highly suspect and question whether the government of Manipur has the best interest of the people living in hill areas at heart or the present decision to hold elections has been made with a view to divide and suppress the rights of the tribals in the hill areas," the tribal rights body said.

The rights body then said that under the current framework, the Constitution and power and functioning of District Councils in the hill areas is within the purview of the Hill Areas Committee (HAC) as set out under the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972 as notified by the then President of India, V..VGiri.

"Therefore, any actions that affect the constitution and functioning of the District Councils, including the framing of Rules, have to be consulted with and assented by the HAC.

Any Government action which fails to do this is irregular, illegal, and violative of the powers conferred upon the HAC.

Assuming that the HAC was consulted, the notified Rules and amendments indicate that the HAC miserably failed to discharge its duties to safeguard the interest of the tribals and those living in the hill areas," added the MTPRM.

Under Rule 15 of the 1972 Rules, candidates were allowed to choose symbols out of the list of symbols published by the Election Commission for election to the House of the people, said the tribal rights body.

"This means that candidates can choose their symbol from those published by the Election Commission for election to the House of the people.

Under Rule 20 of the 2009 Rules, the choice of candidates to choose their symbols have been watered down tremendously with the power given to the State Election Commission to specify the symbols that may be chosen by candidates and restrictions that may be subject to their choices.

We view this step as done with bad faith on the part of the government of Manipur to limit and suppress the rights of the hill people," fumes the MTPRM.

Aside from the irregularity and illegalities associated with the 2009 Rules, the 2008 Amendments (3rd Amendment) made against the 1971 Act also offer a number of problems if elections are to be conducted.

Besides other changes, two sections namely Sections 27A and 27B have been inserted, it added.

The tribal rights body while contending on the technical sidde of the state of affairs said that Section 27A provides for the constitution of an Executive Committee consisting of the Chairman, Vice-Chairman and five other members.

The section further provides that all administrative functions of the District Councils as may be specified shall vest with the Executive Committee.

The implication behind this section is that rules and business of the Executive Committee, powers and functions, procedures for meetings and execution of powers and functions etc have to be notified before elections are conducted.

Further Section 27B empowers the Government to determine the salaries and allowances for the Chairman, Vice-Chairman and other Executive Members of the District Council.

As with Section 27A, salaries and allowances have to be notified beforehand.

We question whether the Government of Manipur has fulfilled these requirements.

If they have not done so, then the announcement to hold elections is illegal and will result in the violation of rights of people living in hill areas, the MTPRM said.

MTPRM then stated that it would also like to draw attention to the 6th Feb 2010, Notification No.4/3/70 � SA(pt.1), which was published in the name of the Governor, Manipur.

It also said that the said notification is in regard to the Order of Warrant of Precedent to be observed at all State functions in the State of Manipur.

Under the said order, the status of Chairman of Autonomous District Council and its members has been downgraded far below the status of other similar bodies; the status of the Chairman falls at serial No.33 equating it with the same position as that of Zilla Parishad members while District Council members are placed at serial No.36 at par with Deputy Secretaries to the Government.

The reduction of the status of elected representatives below non-elected agents of the state is uncalled for and this Notification of the state Government of Manipur has been made with the intention of downgrading and suppressing the status of the Chairman and its members of the Autonomous District Councils in particular and the tribal people of Manipur in general, said the MTPRM.

"All these points to the fact that much more clarity and coherence is required for implementing the Act and holding of elections.

Unless these confusion and doubts are settled, holding of elections will lead to administrative confusion.

Further, unless these issues are cleared, the people themselves will be unable to make informed choice.

We therefore call upon the government of Manipur to defer the elections until such time these issues are cleared," demanded the MTPRM.

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