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.

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:

(i) That the petitioners as well as respondent Nos. 5, 6, 7, 8 and 9 are the residents of Lakhuti Village in Wokha District. On 9th March, 2021, Additional Deputy Commissioner, Wokha, Nagaland issued a circular bearing No. SNS-GEN/VC/2020-21/581-21 dated 9th March, 2021 informing all the recognized village 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 bona-fide 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) dobashis and 13 GBs and one Head GB and after completion of the scrutiny and verification, the final list of 11 Village Council Members was submitted to respondent No. 4 on 23.03.2021. The list of approved Village Council Members which was submitted to the Additional Deputy Commissioner, Sanis, Nagaland by the Head GB included the names of the petitioner No. 8, namely, Likhyamo Kikon and petitioner No. 9, namely, Misamo Patton and at the time of scrutiny which was held on 22.03.2021, it was found that for the Patton Khel, which has one village council post, two candidates, namely, Misamo Patton (petitioner No. 9) and Merithung Patton (respondent No. 7) had applied for the lone post of Village Council Members, however, the petitioner No. 9 was found to secure 29 votes against the respondent No. 7 who secured only 23 votes and accordingly, the petitioner No. 9 i.e. Misamo Patton was elected/selected as a Village Council Members for Patton khel. Similarly, as regards Ya