This appeal has been filed against the judgment of the learned Single Judge dated 13th August, 1993 in Civil Rule No.56 (K) of 1993.

2. We have heard Mr. NN Saikia, learned counsel appearing for the appellant, Mr. CT Jamir, learned Junior Government Advocate, Nagaland appearing on behalf of respondent Nos. 1 to 4 and Mr. A. Roy, learned counsel appearing on behalf of respondent No. 5.

3. The facts for the purpose of adjudicating the present appeal are that there is a Village Council constituted under the Nagaland Village and Area Councils Act, 1978 (hereinafter referred to as the Act) for the village Phusacheduma. Admittedly Shri Hushetso Ratuo was the Village Council Chairman who on 3rd January, 1993 in the meeting of the Village Council which was attended by 26 GBs and VCMs tendered his resignation which was duly accepted. The members of the council present in the meeting held on 3rd January, 1993 also decided to allow Shri Veyiri, Head GB to function as Village Council Chairman till the new election was held. The Extra Assistant Commissioner, Chetheba by calling the GBs and VCMs of Village Council, Phuscheduma, recommended the name of respondent No! 5 to functio