Heard Mr. N .Mozhui ,learned counsel for the petitioners and Mrs. Lucy, learned Government Advocate, Nagaland. Also Heard Mr. C.T.Jamir, learned senior counsel assisted by Mr. N Longkumar, learned counsel for the respondent No.5.

2. The instant writ petition arises out of election /selection of the respondent No.5 as Village Council Member ( in short “VCM”) of Phiro Village in Wokha District for a tenure of 2011-2015. The petitioners are the newly elected VCMs and Head Gaonbura ( in short “HGB”) and Goan Buras (G.B in short) of the said village. In the year 2008, the respondent No.5, while serving as chairman of the said Village Council along with the Secretary of Village Development Board (VDB), allegedly misappropriated/ misused an amount of Rs.1,68,962/- only meant for implementation of National Rural Employment Guarantee Scheme ( in short “NREGS”). The alleged act of misappropriation was detected by the Special Audit Committee of the Department and accordingly the Village Council headed by its seasonal Chairman deliberated over the matter and by a resolution adopted in the meeting held on 29.8.2008 removed the respondent No.5 from the office the Chairman of