IN THE HIGH COURT OF GAUHATI (AIZAWL BENCH)
AJIT BORTHAKUR, J.
K.C. Lalfala and Ors. - Appellants
Vs.
State of Mizoram and Ors. - Respondents
W.P.(C) No. 91 of 2017
Decided On : 21-09-2017
Constitution of India - 1950 - Article 226 - Lushai Hills District (Village Council) Act, 1953 - Section 25 - LHD(V/C) Act, 1953 - Section 25 - Ombudsman Act - Section 18 - Election - Investigation - Enquiry - Having realized that he had mistakenly given date aforesaid letter instead of under his initial issued Corrigendum letter stating that date said order his letter was wrongly shown as May which may be read June and that he had inadvertently put May instead of June in aforesaid letter – Held, It also noticed that aforesaid impugned Order suspension is not containing any reference investigation/enquiry finding of Local Body Ombudsman nor aforesaid report was forwarded Governor State requirement Section of said Act - It is transparent from records that impugned Notification suspending Village Council for period three months not based on findings of Local Body Ombudsman as averred affidavit in opposition and such evidently arbitrary and whimsical action detrimental to public interest on the part State respondents – Petition allowed
Ajit Borthakur, J.
1. Heard C. Lalramzauva, learned senior counsel for the petitioners. Also heard Mr. Samuel Vanlalhriata Chhangte, learned Govt. Advocate for the State respondents. By this application under Article 226 of the Constitution of India, the writ petitioners, who are the President, Vice-President and Treasurer of the Vaitin Village Council, Vaitin have challenged the legality and validity of the impugned Notification vide Memo No. B.14017/91/2015-LAD/VC, dt. 23.6.2017, issued by the respondent No. 2-The Secretary to the Govt. of Mizoram, Local Administration Department (LAD), Aizawl, by which the Village Council of Vaitin has been suspended for a period of 3 (three) months by invoking the provision of Section 25(1) of the Lushai Hills District (Village Council) Act, 1953 (In short 'LHD(V/C) Act, 1953') and pursuant thereto, issue of the letter No. B.12018/263/2017-DLAO(A), dated 27.06.2017, by the respondent No. 3 informing the petitioners about suspension of Vaitin Village Council for a period of 3 (three) months.
2. The petitioners have contended that they were elected in Bye-Election held on 19.05.2016 to Vaitin Village Council. According to the petitioners, after taking over charge of the Office of the President of the said Village Council, the petitioner No. 1 had approached the Joint Director, ICAR, Kolasib, requesting him to hold training and demonstration programme of Piggery and Poultry farming for the farmers of Vaitin Village vide his letter, dated 15.5.2016, which was handed over to the said Officer on 19.06.2016. The petitioners' further contention is that subsequently, the petitioner No. 1 having realized that he had mistakenly given the date of the aforesaid letter dated 15.05.2016 instead of 15.06.2016 under his initial, issued a Corrigendum letter, dated 13.08.2016, stating that the date of the said order of his letter was wrongly shown as May, 2016, which may be read as June, 2016 and that he had inadvertently put May instead of June in the aforesaid letter.
3. The petitioners have further contended that subsequently, a complaint was lodged by Sh. Rintluanga and Sh. Lianzuala of Vaitin Village alleging that the petitioner No. 1 illegally possessed 2 VCP seals. The aforesaid complaint was subsequently referred to the Ombudsman Local Body at Sikulpuikawn, Aizawl for necessary enquiry and adjudication, whereupon, the matter was investigated/enquired into, which was completed on the same day and the final order was also passed on the same day by the Ombudsman Local Body, but no copy thereof was furnished to the petitioners. Inspite of this, the petitioners were served with a Show Cause Notice, dated 11.04.2017, whereby they were asked to Show Cause as to why the said Village Council should not be dissolved under Section 25(1) of the LHD(V/C) Act, 1953 within 10 days.
4. The petitioners submitted their reply, dated 21.04.2017, to the said Show Cause Notice explaining that they were not in possession of any duplicate seal and that the application submitted by the petitioner No. 1 to the Joint Director, ICAR, Kolasib was inadvertently dated as 15.05.2016 instead of 15.06.2016 and that as soon as the mistake was detected, the Corrigendum, dated 13.8.2015, was issued for necessary rectification. The petitioners have further stated in their reply that they were not possessing 2 different seals in the name of the President of Vaitin Village Council and that the allegation made against them was without any basis. However, by the impugned Notification vide Memo No. B. 14017/91/2015-LAD/VC, dated 23.06.2017, the respondent No. 2, the Secretary to the Govt. of Mizoram, Local Administration Department (LAD), Aizawl placed Vaitin Village Council under suspension as per Section 25(1) of the LHD(V/C) Act, 1953 for a period of 3 (three) months with immediate effect, which was served upon the petitioners on 28.06.2017 by the respondent No. 3, District Local Administration Officer, Local Administration Departmen
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