JUDGMENT :

Heard Mr. Lalfakawma, learned counsel for the petitioners and Mrs. H. Lalmalsawmi, learned Government Advocate for the respondent Nos. 1, 2 & 3. None appears for the respondent Nos. 4 & 5 despite service of notice. Also heard Mr. C. Zoramchhana, learned counsel appearing for the respondent Nos. 6 & 7.

2. By filing this writ petition, the petitioners have challenged the Notification dated 02.05.2022 by which, Keifang Venglai Village Council has been dissolved with effect from the date of the notification. The petitioner has also challenged the findings/observations/directions dated 18.02.2022 (Annexure-7) of the Ombudsman in Complaint No. 42/2022 recommending dissolution of the Village Council and for establishment of Advisory Board till fresh election of the Village Council is held. The petitioners have also challenged the show-cause notice dated 10.03.2022 (Annexure-8) issued to them by the respondent pursuant to the award passed by the Ombudsman, the Notification dated 02.05.2022 (Annexure-10) by which the Village Council was dissolved and also the Order dated 24.05.2022 (Annexure-11) of the respondent No. 1 constituting the Keifang Venglai Village Advisory Board.

3. Brief facts essential for disposal of the writ petition may be noticed at the outset. By notification dated 22.11.2019, the Keifang Village Council as it existed then was trifurcated into Keifang Venghlun Village Council, Keifang Venglai Village Council and Keifang Leitan Village Council. Pursuant to the said notification, election to the three Village Councils was held on 27.08.2020 and results declared on the same day. The petitioners were elected to the newly created Keifang Venglai Village Council and thereafter, amongst themselves they elected the President, Vice-President and Treasurer of the Village Council. The petitioner No. 1 was elected as the President, the petitioner No. 2 as Vice President, the petitioner No. 3 as Treasurer and the petitioner Nos. 4 & 5 as Members of the Village Council.

4. While the petitioners were functioning as such, a complaint was submitted by the respondent Nos. 4 & 5 before the District Local Administration Department, Aizawl District, Aizawl (respondent No. 3) on 21.09.2021 alleging that the Village Council members were indulging themselves in issuing fake Passes and thereby misusing their power while depriving the people of their rights. It was also alleged that an amount of Rs. 2,57,53,223/-had been paid as compensation towards fake Passes and the rightful owner of the land were being deprived of the fruits of their hard work. Against the complaint, the respondent No. 3 vide Order No. 14/2021 dated 24.09.21 directed the Field Inspector of the Department to conduct a spot verification and to submit a report. The Field Inspector, accordingly, conducted spot verification and submitted back his report dated 01.10.2021 on 04.10.2021 (Annexure -4). Pursuant thereto, the Under Secretary to the Govt. of Mizoram, Local Administration Department referred the matter to the Ombudsman, Local Bodies, Sikulpuikawn, Aizawl, for further investigation while enclosing a copy of the complaint and the enquiry report submitted by the Field Inspector vide his Letter dated 30.11.2021 (Annexure -5). The Ombudsman, thereafter, summoned the petitioners as well as the complainants and after hearing and recording their statements came to his finding, and observation on 18.02.2022 that there was substance and merit in the complaint and that the Village Council should be dissolved and an Advisory Board be constituted until fresh election is conducted.

5. On the basis of the conclusion of the Ombudsman, show-cause notice dated 10.03.2022 was issued to the members of the Village Council/petitioners asking them to show cause as to why the Village Council should not be dissolved. In response to the show-cause, the petitioners submitted their reply on 19.03.2022. Thereafter, the respondent No. 1 vide the impugned Notification dated 02.05.2022 dissolv