The appointments of inquiry commissions and the suspension of Village Councils must adhere to the principles of natural justice and the requirements of the Lai Autonomous District (Village Councils) Act, 2010.

JUDGMENT

Michael Zothankhuma, J. - Heard Mr. A.R. Malhotra, learned counsel for the writ petitioners in WP(C) Nos. 67 & 68/2020. Also heard Mr. Jonathan L. Sailo, learned counsel for the writ petitioners in WP(C) No. 69/2020, Mr. J.C. Lalnunsanga, learned counsel for the writ petitioners in WP(C) No. 66/2020 and Mr. Joseph L. Renthlei, learned counsel for the writ petitioners in WP(C) No. 79/2020. Mr. B. Lalramenga appears for the Lai Autonomous District Council (in short LADC), while no one appears for the private respondents.

2. All these writ petitions have challenged the suspension of various Village Councils vide notifications issued by the Executive Committee of the Lai Autonomous District Council (LADC) under Chapter-2 Section 11 (1) of the Lai Autonomous District (Village Councils) Act, 2010 (herein after referred to as 2010 Act) and its amendments. As the issues in all the writ petitions are similar, all the writ petitions are being disposed of by this common judgment & order.

3. The petitioners in all the writ petitions were elected members of various Village Councils and their five year term as Village Council Members were to end in the year 2024.

4. The petitioners' case is that while the Village Councils were sincerely discharging their duties in the various villages, the Executive Committee of the LADC appointed various One-Man Inquiry Commissions under Section 10 (1) of the 2010 Act, to inquire into allegations that the Village Councils in which the petitioners were members had indulged in corrupt practices while utilizing funds. The One-Man Inquiry Commissions were also directed to submit a report to the respondent Nos. 1 & 2.

5. On the basis of the reports submitted by the One-Man Inquiry Commissions to the respondent Nos. 1 & 2, the respondent No. 2 issued show cause notices to some of the petitioners, specifically those who were appointed as Village Council Presidents of the various Village Councils. The Village Council Presidents of the various villages, except for the Village Council President of Bolisora Village (WP(C) No. 66/2020), submitted their replies with regard to the allegations made in the show cause notices. However, the Executive Committee of the LADC issued various impugned notifications suspending the various Village Councils for a period of 3 (three) months under Section 11 (1) of the 2010 Act.

6. The learned counsels for the writ petitioners submit that the impugned notifications suspending the various Village Councils should be set aside, in view of the fact that the orders appointing the One-Man Inquiry Commissions have not been made by way of public notifications as required under Section 10 (1) of the 2010 Act. Secondly, the suspension of the Village Councils could have been done by the Executive Committee of the LADC, only after a recommendation had been made for the same by the One-Man Inquiry Commissions, as required under Section 11 (1) of the 2010 Act. However, the report made by the One-Man Inquiry Commissions, pertaining to all the above cases, did not contain any recommendation of the Commissions to suspend the Village Councils. Thirdly, the Village Councils of the various villages being comprised of elected persons, the State respondents were duty bound to issue notices, not only to the Village Council Presidents but also to each of the Village Council Members, prior to issuing any order that could affect the Village Council Members. The same not being done, the impugned orders of suspension of the Village Councils were in violation of the principles of natural justice.

7. Mr. J.C. Lalnunsanga, learned counsel for the writ petitioners in WP(C) No. 66/2020 submits that no notice was served even upon the Village Council President or the Village Council Members in respect of Bolisora Village Council. He also submits that the One-Man Inquiry Commission appointed in respect of WP(C) No. 66/2020 had not been appointed by the Executive Committee of the LADC, as required under Section 10 (1)