JUDGMENT :

Heard Mr. H. Rahman, learned counsel for the petitioners, Mr. Moa Imchen, learned Senior Govt. Advocate appearing for the State respondent Nos. 1 to 8 and Mr. Sentiyanger, learned counsel appearing for the private respondent No. 9 to 22.

2. By filing this writ petition, the petitioners have challenged the communication dated 25.04.2022 (Annexure -VII) by which the State Government in the Home Department communicated the approval of the State Government on the updated list of Village Council members of Nokyang village and also the disqualification of its Village Council members to the Commissioner, Nagaland, Kohima. The petitioners have also challenged the appointment order of the respondent No. 9 issued on 08.06.2022 (Annexure -VIII) by the Deputy Commissioner, Mon District appointing the respondent No. 9 as the Village Council Chairman of the Nokyang village for the tenure 2021 – 2026 with immediate effect.

3. Brief facts of the case as projected by the petitioners is that as the tenure of the incumbent members and Chairman of Nokyang Village Council was due to expire, selection of new members was required to be made for the tenure 2021 to 2026 and for that a meeting was scheduled on 28.03.2021. However, the meeting was rescheduled for 08.04.2021 on account of the appeal made by the public so as to drop some of the Village Council members from the respective Morung (Sector). As scheduled, the meeting was held on 08.04.2021 wherein, 4 names were drop from Amayong Morung and likewise, 5 names were drop from Thamseayong Morung. After dropping the 9 names, as many as 18 names were shortlisted and selected as Village Council members. The 18 names were sent to the State Government for approval and accordingly, vide communication dated 17.06.2021 (Annexure -II), the 18 names were approved as Village Council members of Nokyang village. From amongst the 18 names, the name of Sh. Ponwang Konyak was selected by the Village Council members as the Chairman of the Village Council.

4. However, while such was the position, a circular dated 28.07.2021 (Annexure -IV) was issued by the Extra Assistant Commissioner (EAC), Office of the Addl. Deputy Commissioner, Tizit, Nagaland directing the Ahng/GBs/Morung President and members to be present in their respective Morungs on 30.07.2021 from 11 am onwards for conducting of selection/election Village Council members in Nokyang village as directed by the Deputy Commissioner, Mon District, Mon. Pursuant to the circular, although no meeting was held on 30.07.2021, the State Government in the Home Department vide the impugned communication dated 25.04.2022 approved the updated list of Village Council members and also approved the disqualification of the 12 village council members. Thereafter, vide the impugned appointment order dated 08.06.2022, the respondent No. 9 was appointed as the Village Council Chairman of Nokyang Village Council. Aggrieved, the petitioners are before this Court.

5. Mr. H. Rahman, learened counsel for the petitioners submits that the disqualification of the Village Council members who were selected as per the meeting minutes dated 28.03.2021 is in violation of the Nagaland Village Councils Act, 1978 (VC Act). He submits that Section 16 of the VC Act provides for the conditions under which a Village Council member can be disqualified. He submits that the said provision can be invoked prior to the approval given by the Government on the selected Village Council members and not after approval is given by the Government. In other words, he submits that Section 16 comes into play prior to the approval given by the State Government and not post-approval. He further submits that Section 9 of the VC Act provides for the powers of the State Government to remove members of the Village Council but in the instant case, this provision has not been invoked. The learned counsel further submits that under the VC Act, the Deputy Commissioner or the Government do not have the power to appoi