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2011 Supreme(Gau) 761

P.K.MUSAHARY
Sabeituo Mechulho, Village Council Member – Appellant
Versus
State of Nagaland represented by the Chief Secretary, Government of Nagaland – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Yanger Wati, N. Mozhui, Irena Vizo, K. Kire and Lolikhase Sangtam, Advs.
For Respondents/Defendant:N.M. Jamir, Govt. Adv. for State and Lima Wapang, Adv. for Respondents No. 5, 6 and 7

JUDGMENT

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 seni































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