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 Councils Act, 1978. The court emphasized the importance of following fair principles of natural justice and the limitations on the power of the respondent authorities.

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:

(i) That on 05.03.2021, the respondent no. 2, i.e. the Home Commissioner to the Government of Nagaland wrote to Deputy Commissioner of all Districts by letter No. CND-1/VC/ELE/2015/2304 dated 05.03.2021 for formation of Village Councils in the State of Nagaland for the tenure 2021-26 as per the provisions of Nagaland Village Council Act, 1978 and thereafter, the respondent No. 3 by order No. DCW-SDR- NOTIFICATION/1/2019 dated 09.03.2021 directed the Head GBs of all Villages under Wokha Sadar to take charge of the Village Administration until constitution of new Village Council and it was also notified that all recognized villages under Wokha Sadar to select/elect new Village Council for the next tenure as per prevailing customary practices and usages in accordance with Nagaland Village Tribal Council Rules, 1979 and Nagaland Village Councils Act, 1978.

(ii) Accordingly, the petitioner’s clan namely, Chuchurui Wopan of Koio Village invited applicants from its clan for nomination as Village Council Member. Thereafter, the clan members decided to select/elect the petitioner as a Village Council Member to represent Chuchurui Wopan of Koio village for the tenure 2021-26 and submitted his name to the Head GB of Koio village. Thereafter, the name of the petitioner was forwarded the Government for approval and accordingly by letter No. CN/GEN/VCM/WKA-2021 dated 10.06.2021, the Government approved the list of newly selected Village Council Members under Wokha District, wherein the name of the petitioner appeared at Serial No. 6 under Koio village.

(iii) Thereafter, in the later part of July 2021, the petitioner came to know from reliable sources that some move was made by some vested interested persons to replace him by respondent no. 5 as Village Council Member. After coming to know about such move, the petitioner submitted a representation dated 22.07.2021 to the respondent No. 4, i.e. the Deputy Commissioner, Wokha, Nagaland clarifying that his name was duly forwarded by the Chuchurui Wopan and was duly approved by Government letter dated 10.06.2021 and a request was made not to entertain any the complaint in this regard. However, by letter No. GAB-1/WK/VCM/2021 dated 02.08.2021, respondent No. 2 conveyed the approval of the Government for replacement of the petitioner as VCM in respect of Koio Village Council by respondent no. 5 and no specific grounds were mentioned for such replacement of the petitioner by the respondent no. 5 in the said approval order.

(iv) Thereafter, on 08.09.2021, the petitioner submitted representation against his replacement by respondent No. 5 stating therein that the present petitioner was duly selected as Village Council Member of Chuchurui Kikon Clan of Koio village. It was also stated in the said representation that the respondent No. 5 is not a resident of Koio village, but he is a permanent resident of Chukitong village and prayed for declaring the impugned approval of respondent No. 5 as Village Council Member of Koio village as null and void and to approve the petitioner as