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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 Nos. 5 to 9.
2. This writ petition under Article 226 of the Constitution of India has been filed by 9 nos. of petitioners impugning the election/selection of private respondent Nos. 5, 6, 7, 8 and 9 as Village Council Members of Lakhuti Village and also for setting aside and quashing the letter No. GAB-1/WKA/VCM/2020(Pt) dated 10th June, 2021 whereby approval of the Government of Nagaland was accorded to the list of Village Council Members of Lakhuti Village including the respondent Nos. 5, 6, 7, 8 and 9 and also for setting aside and quashing the Order No. GEN/VC/2020-21 dated 20th July, 2021 whereby the date of selection/election of Village Council Chairman of Lakhuti Village was notified as on 24th July, 2021.
3. The petitioners’ case, in brief, is as follows:
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....
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 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 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 judgment establishes the principle that village institutions, such as Village Councils, are amenable to writ jurisdiction under Article 226 of the Constitution of India. It also emphasizes the li....
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