B.K. Sharma, J.

1. The issue raised in this writ petition is as to whether the nominated members of the particular District Council in the State of Mizoram are entitled to vote relating to vote of confidence to be secured by the Chief Executive Member of the District Council.

2. The election for the District Council viz. Mara Autonomous District Council (MADC) in the State of Mizoram was held on April, 2005 in which 22 members were elected with the following party wise break-up:

Mizo National Front (MNF) - 10

Indian National Congress (INC) - 04

Maraland Democratic Front (MDF) - 07

Independent (Mr. N. Viakhu) - 01

3. Mr. Viakhu, the independent member on being supported by the members belonging to INC and MDF was appointed as the Chief Executive Member (CEM) vide notification dated 27.04.2005 (Annexure-A) issued in the name of the Governor. After such appointment of the CEM, the Executive Committee of the Council was formed with the approval of the Governor and notification to that effect was issued on 12.05.2005. Be it stated here that the MADC consists of 26 members of whom 22 are elected members and remaining 4 are nominated by the Governor. Such nomination is as per the recomme