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 suspension of the order related to the selection process.

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:

(i) That the petitioners as well as respondent No. 5 are the residents of Lakhuti Village in Wokha District. On 9th March, 2021, Additional Deputy Commissioner, Wokha, Nagaland had issued a circular bearing No. SNS-GEN/VC/2020-21/581-21 dated 9th March, 2021 informing that all the recognized villages under Sanis Sub- Division were dissolved w.e.f. March, 2021 and that the Head GB shall resume the charge of village administration till the constitution of New Village Council. It was also notified by the said circular that the process of selection/election of new Village Council Members for the next tenure in accordance with prevailing customary practices, is to be completed and is to be submitted along with Village Council Members’ resolution, meetings, minutes and attendance-sheet to the Office of the Additional Deputy Commissioner, Sanis, Wokha on or before 31st March, 2021.

(ii) That, accordingly, the Lakhuti Village Council/GBs had convened a meeting dated 12.03.2021 and in the said meeting, the terms and conditions for conducting the election/selection and eligibility of the Village Council Members were formulated and it was resolved as follows:

(i) He should be a bonafide member of the Khel/colony.

(ii) He should not be a convicted person for theft.

(iii) He should not married a person from the same clan.

(iv) The selected/elected name (VCM) shall be endorsed by the concern GB of the Khel/colony.

(v) He should be a person who can read and write (literate person).

(vi) Selection/election of VCM must complete and submit on 20-03-2021, scrutiny shall be done on 22-03-2021 and thereafter, the final list shall be submitted to the office of the Additional Deputy Commissioner (respondent No. 03) on 23-03-2021.”

(iii) Thereafter, the scrutiny of selected/elected members was conducted on 22.03.2021 in the presence of Extra Assistant Commissioner, Aitepyong along with 3(three) dobhashis and 13(thirteen) GBs and one Head GB. After proper scrutiny on 22.03.2021, the head GB (petitioner No. 1) along with the GBs of Lakhuti Village accepted the names of 11 members and forwarded the list containing the names of 11 members to the Government for approval on 29th March, 2021.

(iv) Thereafter, on 01.04.2021, the petitioner No. 1, on behalf of all the 13 GBs submitted a representation to respondent No. 4 affirming the resolution adopted by the GBs on 12.03.2021 as well as affirming the outcome of the scrutiny which was done on 22.03.2021.

(v) However, it has been alleged that respondent No. 4 i.e. Extra Assistant Commissioner, Aitepyong, on 3rd April, 2021, along with Head Dobhashi, Aitepyong had forcibly confined the Head GB, Lakhuti Village (petitioner No. 1) and made him to sign certain documents without reading out and explaining the contents of the said documents which as reported by petitioner No. 1 to the Deputy Commissioner, Wokha by filing two separate representations on 03.04.2021 and 15.04.2021.

(vi) On 10th June, 2021, by letter No. GAB-01/WKA/VCM/2020- 21(PT), the respondent No. 1 had accorded approval to newly elected Village Council Members in respect of Wokha district and the names of Etongo Yantham, Elongthung Ezung, Merithung Patton, Chumdamo Humtsoe and Wochuthung Yantham appeared in serial No. 8, 9, 10, 11 and 12 respectively but they were not selected by their respective Clan/Khel. However, names of Likhyamo Kikon and Misamo Patton who were selected by their Clan/K