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 clan, as mandated by Section 4 of the Nagaland Village and Tribal Councils Act, 1978.

JUDGMENT :

1. Heard Mr. N. Mozhui, learned counsel for the petitioners. Also heard Mr. N. Angami, learned Senior Government Advocate for the respondent Nos. 1, 2, 3 and 4 and Mr. Z. Nlumsao Ngullie, learned counsel for the respondent Nos. 5, 6 and 7.

2. This writ petition under Article 226 of the Constitution of India has been preferred by 33 nos. of petitioners who are the Clan Members of the Kikon clan of Nungying Village impugning the selection of respondent No. 7 as Village Council Member to represent the Kikon clan of Nungying Village on the ground that the selection of respondent No. 7 as VCM was done by respondent No. 6 in his personal capacity without any consent or consultation with the members of Kikon clan of Nungying Village.

3. The facts relevant for consideration of the instant writ petition, in brief, are as follows:-

(i) On 3rd March 2021, the Additional Deputy Commissioner (HQ), Office of the Commissioner, Nagaland, Kohima, wrote a letter to all Deputy Commissioners in the State of Nagaland for formation of Village Council in the State of Nagaland in accordance with the Nagaland Village and Tribal Councils Act, 1978. Thereafter, on 9th March 2021, the Sub-Divisional Officer (C), Wokha, Nagaland issued an order to the effect that all the Village Councils under Wokha Sadar stand dissolved, w.e.f 10th March 2021 and the Head G.B. shall resume charge of Village Administration till constitution of New Village Council. It was further notified that all recognized villages under Wokha Sadar to select/elect new village Councils Member for the next tenure in accordance with Nagaland Village and Tribal Councils Rules, 1979 and the Nagaland Village and Tribal Councils Act, 1978.

(ii) It was further directed that the whole process of the selection/election of the Village Council Members should be completed on or before 25th March 2021 and the list of New Village Councils Members may be submitted to the SDO (Civil) Sadar.

(iii) As per the Government notifications mentioned hereinabove to select/elect the new Village Council Member for the tenure 2021-26 as per the prevailing customary practices and usages, Humtsoruiden of Kikon clan deliberated over the matters of representation of its clan members to the post of Village Council Member and accordingly unanimously selected/elected Mr. Mhabemo Kikon (Petitioner No.5) and thereafter, Mr. Mosen Kikon, who is the Secretary of the clan wrote to respondent No. 4 i.e., the Extra Assistant Commissioner, Chukitong, Wokha district regarding selection/election of petitioner No. 5 to represent the Kikon clan as Village Council Member of Nungying Village.

(iv) In the meanwhile, the respondent No. 6 Mr. Tsumomo Kikon without the consent of the other clan members, submitted the name of Mr. Nchumomo Kikon, respondent No. 7 as the clan representative to be the Village Council Member of Nungying Village to the Head G.B.

(v) It is stated that the name of respondent No. 7 was forwarded by respondent No. 6 to the government without the consent of the other members of the petitioners’ clan.

(vi) After coming to know about the fact of respondent No. 6 nominating the name of respondent No. 7, the members of petitioners clan deliberated on the issue and by a resolution adopted in the meeting dated 30.03.2021 adopted a resolution that the respondent No. 6 has nominated the name of respondent No. 7 to be the Village Council Member without the consent and consultation of Humtsoruiden of Kikon clan and accordingly wrote a letter to Extra Assistant Commissioner (EAC), Chukitong appraising about the decision of the clan against the selection of respondent No. 7 without the consent of Humtsoruiden of Kikon clan and reiterated the decision of the clan to nominate petitioner No.5 as VCM for the tenure 2021 – 2026.

(vii) The respondent No. 4 after receipt of complaint from the present petitioners endorse the matters to the Dobashi to verify the complaint and to submit a report and accordingly the Dobashi submitted a re