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1996 Supreme(Gau) 150
GAUHATI HIGH COURT
W.A.Shishak, J.
Animojemu -Appellant
Versus
State of Nagaland and Another -Respondent
Civil Rule Nos. 71 (K) and 87 (K) of 1996
Decided On : 11-07-1996
S.Risom, T.Koza, I.Jamir, G.A.Shimray
The power to remove members from a Village Council under the Nagaland Village and Area Council Act, 1978, is vested solely with the State Government, and the ADC has no jurisdiction to remove members.
Headnote:
VILLAGE COUNCIL - ELECTION OF VILLAGE COUNCIL MEMBERS AND CHAIRMAN - NAGALAND VILLAGE AND AREA COUNCIL ACT, 1978 - SECTION 9 - REMOVAL OF VILLAGE COUNCIL MEMBERS - POWER VESTED WITH STATE GOVERNMENT - ORDER OF REMOVAL BY ADC WITHOUT JURISDICTION - QUASHED.
Fact of the Case:
Petitioner was elected as a member of the Village Council and subsequently elected as the Village Council Chairman. However, the ADC removed the petitioner from the membership of the Village Council under Section 9 of the Nagaland Village and Area Council Act, 1978, citing conviction in a Court of law. The petitioner challenged the removal order, contending that only the State Government had the power to remove members from the Village Council.
Finding of the Court:
The Court held that the ADC had no jurisdiction to remove the petitioner from the Village Council membership as the power to remove members was vested solely with the State Government under Section 9 of the Nagaland Village and Area Council Act, 1978. The Court further held that the petitioner, having been duly elected as the Village Council Chairman, could continue to hold the post unless removed in accordance with the relevant provisions of law, irrespective of whether approval was conveyed by the State Government.
Issues: 1. Whether the ADC had the jurisdiction to remove the petitioner from the Village Council membership. 2. Whether the petitioner could continue to hold the post of Village Council Chairman without approval from the State Government.
Ratio Decidendi: 1. The Court interpreted Section 9 of the Nagaland Village and Area Council Act, 1978, and held that the power to remove members from the Village Council was vested solely with the State Government. 2. The Court interpreted Section 7 of the Nagaland Village and Area Council Act, 1978, and held that once a Village Council Chairman was elected by the elected members of the Village Council, the Chairman could continue to hold the post unless removed under the relevant provisions of law, irrespective of whether approval was conveyed by the State Government.
Final Decision: The Court allowed the petitions, quashed the impugned order of removal issued by the ADC, and held that the petitioner could continue to function as the Village Council Chairman.
The above two writ petitions have been filed by the same petitioner viz, Animo Jemu. The matter concerns election of Village Council Members and followed by election of Village Council Chairman. By notice dated 20th September, 1995, the ADC Tseminyu vide No. AC-31/95 called upon the villagers to select members of the Village Council on or before 26.9.95 in accordance with the prevailing customary practices, and usages. The notice further states : "The list of selected members shall be submitted to this office on or before 28.9.95."
The villagers elected members of Village Council and the names of those elected members were submitted to ADC who acknowledged receipt on 30th October, 1995. The total membership of the Village Council stands at 48 (forty eight). The name of the petitioner is at serial 31. Jt appears the names were duly forwarded to the Government for approval. The Joint Secretary to the Government vide No. Home/C 1-1/96 dated 5th March, 1996 conveyed the approval to the Commissioner as follows :
"Sir
I am directed to your letter No.CMO-5/40/89 dated 21.12.95 on the above cited subject and to convey Government's approval to the list of elected VCCS and VCMS as proposed."
In the list furnished to the Commissioner concerning the petitioner's village, the name of the petitioner as stated earlier appears at serial 31. Annexure of the writ petition is an order passed by the learned ADC to the following effect:
"Whereas without any provocation from the authority Shri Animo Ex Chairman has displayed disgraceful action by tearing paper and misbehaviour with the Magistrate in the Court on 5.2.96 at 2.30 PM in the presence of the following DBS.
G.Washeni DB Tsonga DB
Kepenlo DB Gwasinlo DB
and the GBs of Tesophenyu Village which action has attracted a contempt of Court and obstruct to duly authorised officer like Magistrate.
Therefore, it is order a simply fine of Rs. 100/- (Rupees one hundred) or simple inprisonment of 6 hours.
Order to be executed today."
The petitioner paid fine. He also apologised to the authority. It is stated at the Bar that the petitioner lost his temper at one stage as he and other village members had to wait several hours without any action from the authority regarding election of Village Council Chairman although they had already submitted representation requesting the ADC to conduct election of Village Council Chairman. According to the petitioner the apology was accepted and the entire matter was sorted out on the spot. By another order issued on 1st February, 1996, the ADC directed the concerned villages to submit the names of Village Council Chairman to the office "through the Head GB of the village within 10.2.96". By a letter dated 21.3.96 the Sessional Chairman of the village in question submitted the name of new Village Council Chairman. The election of the Village Council Chairman was held at 6 AM on 21.3.96. Among other things it is stated in that letter:
"In case, the house unanimously elected Shri Animo Jemu as a new Villege Council Chairman Tsephenyu.
This is for your information and approval please."
On the same date the ADC had received that letter inasmuch as endorsement to this effect was made on the body of the petition itself. Thereafter, the learned
ADC passed the following order on 29th March, 1996 :
"No.JUD-1l/7/94-95/3076: Shri Animo is hereby removed from the membership of Tesophenyu Village Council (SI Np.31 of the VCM list) as per the Nagaland Village and Area Council Act, 1978 section 9 and sub-section 1(a) for conviction in the Court of law on 5.2.96 at 2.30 PM ('for condemned of Court')." It is contended by the petitioner that as soon as he was elected Chairman of the Village Council by the elected members of the Village Council, he began to c function as Chairman with effect from 21.3.96.
2. Mr. T. Koza, learned counsel for the petitioner submits that the order of removal of the petitioner from the membership of the Village Council is not sustainable in view of the clear
