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 under challenge.

3. Mr. Taka Kichu, learned counsel for the petitioners submits that under the Village Development Boards Model Rules, 1980 (Rules of 1980, in short), the member of the Management Committee of the Village Development Board (VDB, in short) is to be chosen by the concerned village and one must be a permanent resident of that village. However, in the instant case with regard to Ashaa village, the respondent No.5 who was selected as VDB Secretary was not selected by the VDB members of Ashaa village as provided under Rule 7 of the Rules of 1980. Further, the respondent No. 6 is not eligible to be a VDB member as he is not a permanent resident of Ashaa village inasmuch as, he is a resident of Wokha Town, Lower Mount Tiyi College Colony. It is submitted that the term of the VDB of Ashaa village expired and accordingly a new team was chosen in terms of Rule 4 (b) of the Rules of 1980 by the Village Council Member except Nrukshan clan due to differences amongst the Nrukshan clan. With regard to the Nrukshan clan, the incumbent Chairman of Ashaa village selected the respondent No.6 as VDB Member which is in violation of Rule 4 (b) of the Rules of 1980 inasmuch as, the VDB members are to be chosen by the Village Council Members and not be the Chairman alone. It is also submitted that the Ashaa village in its general meeting held on 27.02.2016 had unanimously resolved that those who do not have household in the village paying house tax shall not be allowed to hold any leadership for village administration keeping in mind that the village administration is taken care of by the permanent resident of the Ashaa village. Therefore, the selection of the respondent No.6 as VDB member by the Chairman of the said village is in clear violation of the resolution passed by the Ashaa village inasmuch as, the respondent No. 6 is not a permanent tax paying member of Ashaa village.

4. Learned counsel for the petitioner further submits that the Chairman of Ashaa village issued a notice on 02.10.2021 indicating that there shall be a VDB meeting on 05.11.2021 at 10:00 A.M. for selection of VDB Secretary. However, the said meeting could not be held on the appointed date i.e. 05.11.2021. Thereafter, without issuing any formal notice to the VDB members, the Village Chairman selected the respondent No.5 as VDB Secretary for the present tenure of 3 years and the same was forwarded by the impugned letter dated 13.11.2021 addressed to the EAC, Sungro, Wokha for necessary action. It is submitted that the selection of respondent No. 5 as VDB Secretary is in violation of Rule 7 of the Rules of 1980 inasmuch as, the selection of VDB Secretary shall be from amongst the VDB members and not otherwise. However, in the instant case, out of 5 VDB members, only 2 members were present and