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2024 Supreme(Gau) 95

MRIDUL KUMAR KALITA
M. Nchumbemo Kikon S/o Lt. Mensemo Kikon – Appellant
Versus
State Of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. MOZHUI

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 Of

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