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MRIDUL KUMAR KALITA
M. Nchumbemo Kikon S/o Lt. Mensemo Kikon – Appellant
Versus
State Of Nagaland – Respondent
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:-
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 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 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 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 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 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 Deputy Commissioner's decision regarding VDB member selection must be reasonable and based on evidence of majority support from clans.
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