Back
L. S. JAMIR
Thungbamo Shitiri, S/O Emmanuel – Appellant
Versus
State Of Nagaland Represented By The Chief Secretary – Respondent
JUDGMENT :
Heard Mr. Taka Kichu, learned counsel for the petitioners. Also heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland appearing for the State respondent Nos. 1 to 3, Mr. I. Imchen, learned counsel appearing for the respondent No. 4 and Mr. Aliba Ozukum, learned counsel appearing for the respondent Nos. 5 and 6.
2. By this writ petition, the petitioners are challenging the selection of private respondent No.5 as VDB Secretary and the private respondent No. 6 as Member of the Village Development Board by the Village Chairman alleging violation of Rule 4 (a) (b) and Rule 7 of the Village Development Boards Model Rules, 1980 ( Rules of 1980, in short). Accordingly, the order dated 18.01.2022 issued by the Deputy Commissioner, Wokha appointing the respondent No. 5 as VDB Secretary and respondent No.6 as VDB Member of Ashaa Village as well as the letter dated 13.11.2021 written by the Chairman, Ashaa Village Council and addressed to the Extra Assistant Commissioner, Sungro, Wokha by which the selection of respondent No. 5 as VDB Secretary was submitted are und
The Deputy Commissioner's decision regarding VDB member selection must be reasonable and based on evidence of majority support from clans.
When a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or ....
The statutory mandate of Section 20 of the Nagaland Village Councils Act, 1978 should not be overlooked in disputes over the selection of Village Council Members.
The central legal point established in the judgment is the authority of the Village Council to choose a Chairman as per Section 7(1) of the Nagaland Village Councils Act, 1978, and the impact of the ....
The main legal point established in the judgment is that the replacement of a selected Village Council Member must be based on statutory grounds and due process, as provided in the Nagaland Village C....
The selection of Village Council Members must comply with customary practices and the Nagaland Village Councils Act, ensuring fair representation of all clans regardless of household numbers.
The main legal point established is that the selection of Village Council Members must be in accordance with prevailing customary practices and usages, and should involve consultation with the whole ....
The main legal point established in the judgment is that the appointment of the VDP Secretary must comply with the resolutions taken in the General Meeting and the Rules of 1986.
The Court established that removal from office must be preceded by a show cause notice and an opportunity to defend, aligning with principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
