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2010 Supreme(Gau) 545

H.BARUAH
Raj kumar – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: C. Lalramzauva, Adv.
For Respondents/Defendant: N. Sailo, Addl. Adv. General and M. Guite, Adv.

JUDGMENT

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























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