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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HON'BLE MR. JUSTICE BUDI HABUNG
Shri Vikuto Achumi And Ors. – Petitioners
Versus
Shri Phushito Ayemi S/O. Late Viyiho Ayemi and ors. – Respondents
C. REVN/2/2023
Decided On : 25-07-2024
CIVIL REVISION PETITION - DISPUTE OVER OFFICE BEARERS OF WESTERN SUMI KUKAMI HOHO - ORDER 39 RULE 1 AND 2 OF CPC, 1908; ARTICLE 227 OF THE CONSTITUTION OF INDIA - The court discussed the provisions of Order 39 Rule 1 and 2 of the CPC, which govern the granting of temporary injunctions, emphasizing the necessity for the petitioners to establish a prima facie case. The court also referenced Article 227 of the Constitution regarding its supervisory powers over subordinate courts. The interpretations highlighted the importance of adhering to constitutional provisions and the legitimacy of the office bearers' selection process, ultimately influencing the court's decision to dismiss the revision petition.
Fact of the Case:
The petitioners, who are members of the Sumi Naga tribe and hold hereditary positions as Gaon Buras, challenged the order of the Principal District & Sessions Judge, Dimapur, which stayed a temporary injunction that had restrained the respondents from functioning as office bearers of the Western Sumi Kukami Hoho (WSKH). The petitioners claimed they were duly elected as office bearers for the term 2022-24, while the respondents contended that the previous office bearers had improperly re-elected themselves without following the constitutional procedures.
Finding of the Court:
The court found that the previous office bearers had failed to demit office after their term expired and had attempted to re-elect themselves without following the proper constitutional procedures. The court upheld the legitimacy of the respondents' election as office bearers, which had been approved by the General Conference of WSKH, and determined that the petitioners had not established a prima facie case for the injunction they sought.
Issues: The primary issues were whether the petitioners were validly elected as office bearers of WSKH and whether the Principal District & Sessions Judge erred in staying the temporary injunction granted by the lower court.
Ratio Decidendi: The court held that the petitioners did not have a valid claim to the office as their selection was made by a Nominating Committee that was improperly constituted after the previous office bearers had lost their mandate. The court emphasized the need for a prima facie case to be established for granting a temporary injunction, which the petitioners failed to do.
Final Decision: The court dismissed the civil revision petition, affirming the order of the Principal District & Sessions Judge that allowed the respondents to continue in their roles as office bearers of WSKH.
JUDGMENT :
HON'BLE MR. JUSTICE BUDI HABUNG
This civil revision petition has been filed by the petitioners assailing the impugned judgment and order dated 16.05.2023, passed by the learned Principal District & Sessions Judge, Dimapur, Nagaland in Civil Appeal No. 04 of 2022. By the said impugned judgment and order, the learned Principal District & Sessions Judge, Dimapur has stayed the order dated 04.11.2022 passed in IA(C)/181/2022 passed by the learned Civil Judge (Senior Division), Dimapur and allowed the defendants/ respondents herein to continue to hold the office of President, Vice-President and General Secretary of Western Sumi Kukami Hoho (WSKH).
2. I have heard Mr. P. B. Paul, learned counsel for the petitioners and Mr. Imti Longjem, learned counsel for the respondents.
3. The case of the revision petitioners in brief is that the petitioners who belong to the Sumi Naga tribe of the Nagaland are Head Gaon Buras and Gaon Buras (Kukamis) of their respective villages, situated within the Western Sumi Areas of the State. The petitioners being the Gaon Buras (Kukamis) are the member of apex body of the Western Sumi Kukami Hoho (WSKH). The Western Sumis (general Sumi public) are also having its own constitution.
4. As per the customary procedure, the Kukami (G.B) is the Chieftain of the Village and the Kukami has command over the general public (residents) of the village. And in no circumstances the General public can command the G.B. The G.Bs (Kukamis) in Sumi Tribe are the hereditary posts and one person is selected as G.B as per the Sumi Customary practice. The Western Sumi Kukami Hoho (WSKH) is the Hoho (Union/Association) of the Kukamis (GBs). None other than the Kukamis can be the member of the Hoho. And the member ship of WSKH is limited to the Kukamis (Sumi Village Chief) under Western Sumi Area.
5. As per Article 2 of the Constitution, the nomination committee in its meeting dated 05.03.2022 proposed the name of the petitioners for the post of President, Vice President and General Secretary of Western Sumi Kukami Hoho (WSKH) which was placed before the 26th General Conference of Western Sumi Kukami Hoho (WSKH) held on 16.03.2022 wherein the said conference unanimously approved the appointment of the petitioners as President, Vice President and General Secretary respectively for the tenure 2022-24. Pursuant to such approval, and in consonance with the provisions of Constitution and by-laws the petitioners resumed the office of Western Sumi Kukami Hoho (WSKH). Article 6, 7, 8 and 9 of the Constitution provides mode of selection of Office bearers, qualification etc. And the selection of the petitioners made by the Western Sumi Kukami Hoho (WSKH) for 2022-24 in accordance with the laid down provisions of the Constitution of the Western Sumi Kukami Hoho (WSKH), by constituting nomination committee recommended under the presidentship of the predecessor of the petitioner No. 1.
6. For better understanding, the relevant provision of Article 6, 7, 8 and 9 are reproduced herein below:
ii. Art.6(d) The nominating committee shall select the Western Sumi Kukami Hoho (WSKH) office bearers which shall be approved by the House.
ii Art.7 (a) Qualification of office bearers: He shall be a Kukami.
iii. Art. 8(a) President and Vice President: (a) He shall be selected for a three (3) years. However, if necessitated, he shall be selected for second tenure only if desirable, he can be re-selected after a period of interval.
iv) Article 9 (a) General Secretary and Joint Secretary:
(b) He shall be selected for 3 (three) years and if desirable, he can be selected for second term.
7. Accordingly, the nomination committee was constituted in the meeting held on 21.02.2022 and vide appointment dated 28.02.2022 for selection of the petitioners had been recommended and subsequently
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