H. Baruah, J.

1. Heard Mr. C. Lalramzauva, learned Counsel for the Petitioners as well as Mr. N. Sailo, learned Addl. Advocate General, Mizoram for Respondent Nos. 1 and 2. Also heard Mr. M. Guite, learned Standing Counsel for Respondent No. 3, the State Election Commission, Mizoram. None appears for the private Respondents.

2. By this common judgment it is proposed to dispose of both the writ petitions as indicated above inasmuch as the facts involved in both the writ petitions are almost one and the same and the law involved thereto also is similar.

3. For better appreciation, it is proposed to place the facts of each of the writ petitions as under:

W.P.(C) No. 18 of 2010

The Petitioner herein was earlier under the Puankhai Village Council in the District of Lunglei. On the basis of the General Election held on 24.02.2009 Sh. Dulal Chandro, Sh. Surjyo Lal, Sh. Chitto Ronjon and Sh. Amor Singh were elected as members of Puankhai Village Council. The term of the office of the Village Council members is 3 years from the date of the 1st meeting of executive body of the said Village Council as provided under Section 5 of the Lushai Hills District (Village Council) Act, 1953 and the term of the said Village Council is to expire in the month of February, 2011 unless sooner dissolved. In the meantime, in exercise of powers conferred by the Section 3(1) of the Lushai Hills District (Village Councils) Act, 1953 as amended from time to time, the Governor of Mizoram was pleased to create 7 (seven) new Village Councils including Malsury Village Council from Puankhai Village Council vide Notification No. B. 14016/8/09-LAD/V.C. (A) dt. 17.12.2009 (Annexure-1). Vide Notification No. B. 14016/1/07-LAD/VC dt. 4th March, 2010 (Annexure-2), the Governor of Mizoram decided to conduct midterm election in the 2 dissolved Village Councils, namely. Zuangtui Village Council and Thlengang Village Council and 7(seven) newly constituted Village Councils, namely, Tuivamit Village Council, Rotlang 'W' Village Council, Sailen Village Council, Malsury Village Council. Serchhip-V Village Council, Champhai Dinthar Village Council, Project Veng, Kolasib Village Council to have their term till such time to the next General Election to all Village Councils in all the districts are held. By the same Notification, the Governor of Mizoram was also pleased to order that the existing seat allocations of the present Village Councils out of which the new Village Councils are created will remain same even though the number of the household in the present villages have decreased due to creation of new Village Councils. Further, it was decided that the existing Village Council member(s) and who are duly enrolled in the new electoral roll of the new Village Council (s) shall continue to remain Village Council member(s) of concerned new Village Council. The number of seats allocated in the new Village Council of Malsury Village Council in the district of Kolasib is 3(three). Thereafter, the Respondent No. 3, the State Election Commission, Mizoram, Aizawl took steps for holding election in the newly created Village Councils including Malsury Village Council to elect members for the said new Village Councils fixing 15.03.2010 as the last date for filing nomination, 16.03.2010 as the date of scrutiny for the nomination and 17.03.2010 as the date of withdrawal of nomination. On 18.03.2010, the State Election Commission, Mizoram also allotted the symbols to the candidates. 7th of April, 2010 was fixed as date of poll while the same date had also been fixed as the date for counting of votes. The entire process of election was to be completed by 15.04.2010. Respondent No. 3 by letter No. B. 12011/11/2008-SEC(M)/VC/Vol-II dated 5.03.2010 (Annexure-5) addressed to the District Election Officer & Deputy Commissioner, Lunglei/Kolasib District indicated the number of seats allocated to the newly created Malsury Village Council as 3(three), however, the number of seats required to be