P.K. Musahary, J.

1. The selection/election of Respondents No. 5 and 6 as Chairman and Secretary of Chedema Village Council for the term 2011-2016 is under challenge in this writ petition. The main ground for challenge is that Respondent No. 7, a woman representative has no right to vote in the selection/election of Chairman and/or Secretary of the Village Council, she being not a member of the Village Council choosen by villagers or clan members in accordance with the prevailing customary practices and usages and her name was not approved by the State Govt.

2. The short facts relevant for adjudication of this case are that with the expiry of tenure of village councils for 2006-2010, the State Govt. directed all the villagers in the State of Nagland to select/elect the new term of Village Council Members (VCMs) for the tenure 2011-2016.

3. In pursuance of the direction of the Govt. a meeting was organized/convened at Council Hall, Chedema Village on 1.2.2011 under the Chairmanship of the Head Gaon Burah for the election of village council for the tenure 2011-2016. The said meeting was attended by Gaon Burahs (G. Bs in short), Khel representatives, clan representatives and senior citizens of Chedema Village and each clan elected one member to represent the clan by adopting unanimous resolution in the said meeting held on 1.2.2011. In the said meeting it was also decided that woman representatives and societies would have no voting right in the village council matters. In the said meeting Mr. Sabeituo Usou and Mhasibeituo Thevuo were selected unanimously as Chairman and Secretary respectively by the VCMs. Accordingly the Head G.B of Chedema Village submitted a list of Chairman, Secretary and six VCMs vide letter dated 1.2.2011 addressed to the Deputy Commissioner, Kohima, for obtaining approval from the Govt. While the approval was pending some VCMs along with Respondents No. 5 and 6 made complaint that the entire selection/election of Chairman and Secretary was done behind their back. They demanded inclusion of women representatives in the Village Council. The Petitioners came to know about such complaints when they enquired about the approval of the Government. Having come to know about the same the Petitioners submitted representation dated 28.2.2011 apprising the Respondent No. 4 that under the existing Act/Law, women and society members have no right of voting. On the other hand, the Respondent Nos. 5 and 6 along with some opponent VCMs demanded re-election of the Chairman and Secretary of the Village Council.

4. The Respondent-Deputy Commissioner by letter dated 7.3.2011 issued a direction to the head G.B. of Chedema Village to conduct election of Chairman of Village Council at the earliest. In the said letter, it was clearly directed that except VCMs and GBs who are ex-officio members, no representative from societies/NGOs would be allowed to vote for the Village Council Chairman election. By another letter dated 27.4.2011 the Respondent-Deputy Commissioner directed the Head G.B of Chedema Village to ensure that VCMs and G. Bs remain present on 4.5.2011 at 11 am in the office chamber of SDO(S)without fail. A meeting was accordingly held on 4.5.2011 in SDO's chamber. The meeting was attended by EAC(Sadar), SDO(Sadar), Political Assistant to Deputy Commissioner, Kohima and Head GB. The EAC read out the list of names furnished by the Head G.B. of Chedema Village which included a woman representative nominated by the Chedema Village Woman Society as VCM in the Chedema Village.

5. A question has been raised whether woman representative had ever voted in the previous election. Most of the members present answered in the affirmative. Example was cited that in 1992 when there was a tie during the election of Chairman, a woman representative cast vote to break the tie and thereafter the trend followed. It was decided in the meeting that since the woman members have been voting in the election of VCM since 1992, the issue cannot