MRIDUL KUMAR KALITA
Npfuo Kikon S/o Late Chiporao Kikon – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. N. Mozhui, learned counsel for the petitioner. Also heard Mr. V. Zhimomi, learned Government Advocate for the respondent Nos. 1 to 4 and Mr. Tongpok Pongener, learned counsel for the respondent no. 5.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Mr. Npfuo Kikon, impugning the letter No. GAB-1/WKA/VCM/2021 dated 02.08.2021, whereby the Government conveyed its approval for replacement of name of the petitioner by the respondent No. 5, namely, Mr. Hathungo Kikon, as Village Council Member (VCM) of Koio Village for the tenure 2021-26 and also praying for appropriate directions to the respondent authorities not to disturb the post of petitioner as Village Council Member of Koio village which was duly approved by the Government by letter No. CN/GEN/VCM/WKA-2021 dated 10.06.2021.
3. The petitioner’s case, in brief, is as follows:
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 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 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 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 ....
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 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....
The Act, 1956 did not provide a specific procedure for the removal of the Chairman, highlighting the need for legislative amendment to incorporate a provision for the removal of the Chairman in the A....
An authority vested with the power to make an appointment possesses the inherent administrative power to suspend, dismiss, or reshuffle such appointees, provided there are no express statutory prohib....
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