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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KAKHETO SEMA, J.
Shri Neizo Zumu And 16 Ors - Appellant
Versus
The State Of Nagaland And 11 Ors - Respondents
WP(C) 126 of 2021
Decided on : 19-01-2022
Nagaland Village Council Act, 1978 - Section-4 - Village council members - Election of - Customary practices and usages for selecting the village council members - village council of Tuophema wanted the name of the Botsa village to be changed to Touphe-Botsa and communicated the same to Botsa village council.
Finding of the Court : Under section-22 of the Act, subject to the general superintendence of the State Government, the administrative authorities prescribed in section-22 shall have control over all the village council within its jurisdiction. Such control by the administrative officer, in the considered view of this Court, shall however be exercised to achieve the object and the intent of the Act but not in derogation of the law. In the instant case, the private respondents were chosen as the village council member in an unusual manner in contravention of the mandate prescribed by section-4 of the Act -Government respondents as well as the private respondents in their affidavit-in-opposition has categorically averred that the two separate list of VCMs submitted by the two different group for the tenure 2021-2026 was duly verified by the EAC Botsa and ascertained that the private respondents had the majority support of the different clans members. The EAC Botsa has accordingly resolved the disputed list of VCMs of the petitioner No. 3, 8, 9, 14 & 15 and the private respondents No. 7 to 12 in the presence of all the parties and the Dobashis. The verification conducted by the EAC Botsa on 06.05.2021 only speaks of some head of the household of the different clan present and favouring the private respondents who were the lone VCM candidates from their respective clans. The report nowhere mentions that the two separate list of the VCMs submitted by the two rival groups was duly verified by the EAC Botsa and only thereafter the list of the VCM in support of the petitioners No. 3, 8, 9, 14 & 15 and the private respondent No.7 to 12 were resolved in the presence of all the parties. It is thus clear that the respondents in their affidavit has only made an effort to unduly justify the verification report by supplementing with grounds and reasons non- existent in the verification report.
Result: Writ petition allowed
JUDGMENT :
This writ petition is directed against the appointment of the respondents No. 7, 8, 9, 10, 11 & 12 as the Village Council Member (VCM) of Botsa Village under Sub-division Chiephobozou in the district of Kohima, Nagaland.
2. Heard Mr. Imti Longjem, learned counsel for the petitioners and Mr. Kekhriengulie, learned Additional Advocate General, Nagaland for the State respondents No. 1, 2, 3, 4 & 5. Also heard Mr. A. Zho, learned counsel for the private respondents No. 7 to 12.
3. The Botsa village was established in the year 1947 in the community land of Tuophema village by some elders of Tuophema village. The village has a separate and a distinct identity from the parent village. The village is recognized by the Government of Nagaland and has a separate and independent village council constituted in accordance with the Nagaland Village Council Act, 1978 (hereinafter referred to as the Act).
4. That sometime in the year 2019, the village council of Tuophema wanted the name of the Botsa village to be changed to Touphe-Botsa and communicated the same to Botsa village council. To deliberate on the issue several village council meetings as well as the general public meeting of Botsa village was held. Thereafter, by the resolution dated 12.07.2020 adopted in the meeting of the G.Bs of the village and khel members and the resolution dated 20.02.2021 adopted in the general meeting convened by the Botsa village council it was decided that the name of the village shall not be changed and the village shall continue to retain the name Botsa.
5. When the matter was thus situated, the Government of Nagaland, Office of the Deputy Commissioner, Kohima, Nagaland, issued the Notification No. SDR/DCK/VC/42/2011(Pt-I), dated 18.03.2021, declaring the dissolution of all the village councils of recognized villages under Kohima district with immediate effect. Further, all the recognized villages were informed to form the new village council for the current tenure by selecting/electing the village council members of their respective villages in accordance with the prevailing customary practices and usages as provided for in the Act. The notification also conveyed that the village council duly formed under the Act shall continue for 5(five) years unless otherwise dissolved by the Government of Nagaland and the process of selection of the VCM was to be completed on or before 31.03.2021. This notification was also served to all the village councils and the head G.B of Kohima district. The notification dated 18.03.2021, issued by the Deputy Commissioner, Kohima was also endorsed to the head G.B of Botsa village by the Additional Deputy Commissioner, Chiephobozou, Kohima, Nagaland by the letter dated 19.03.2021. In the said letter, the ADC, Chiephobozou, Kohima, Nagaland, also directed the G.Bs under his jurisdiction to submit the village council members on or before 26.03.2021 for onward submission to the Government for approval.
6. It is submitted by Mr. Imti Longjem, learned counsel for the petitioners that the customary practices and usages for selecting the village council members since the establishment of Botsa village, is that, the respective clan member will select one member each and give the names to the Head G.B of the village who in turn will forward such name(s) to the Government for approval for the constitution of the village council. It is submitted that there are 6(six) clans in Botsa village, namely the Rio clan, the Kense clan, the Seyie clan, the Zumu clan, the Sanchu clan and the Zirrü clan. The practice followed in the village is that unless a clan has eight to ten households it shall have no representation in the village council. The Zirrü clan has only two households in the village.
7. It is submitted that in terms of the letter dated 19.03.2021, issued by the ADC, Chiephobozou, Nagaland, the five clans of the village exclud
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