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MRIDUL KUMAR KALITA
Nchumo Yanthan S/o Late Atsamo Yanthan – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. W.R. Ngullie, learned counsel for the petitioners. Also heard Ms. V. Suokhrie, learned Additional Advocate General for the State of Nagaland and Mr. L. Iralu, learned counsel for the respondent No. 5.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioners impugning the selection of respondent No. 5, as Village Council Chairman of Lakhuti Village Council by appointment order bearing No. DCW-COUN-1/2020-21/698-4 dated 26th July, 2021.
3. The petitioners’ case, in brief, is as follows:
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 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 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 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 ....
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 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 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.
The Deputy Commissioner's decision regarding VDB member selection must be reasonable and based on evidence of majority support from clans.
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