JUDGMENT :

(Devashis Baruah, J.) :

Heard Mr. K. N. Balagopal, the learned Advocate General, Nagaland assisted by Ms. M. Kechi, the learned Additional Advocate General, Nagaland. We have also heard Mr. R. Iralu, the learned Senior counsel assisted by Mr. L. Iralu, the learned counsel appearing on behalf of the Appellants and Mr. M. K. Choudhury, the learned Senior counsel assisted by Mr. M. Sarma, the learned counsel who was appointed as Amicus Curiae by this Court vide an order dated 01.02.2024.

REFERENCE :

2. The Division Bench of this Court vide a judgment and order dated 26.06.2020 in Writ Appeal No. 3(K)/2020 deemed it appropriate that the issue as to whether Sub-Article (3) of Article 226 of the Constitution is directory or mandatory be referred to a larger Bench taking into account that the said learned Division Bench had opined that Article 226(3) of the Constitution of India is directory in nature whereas the Co-ordinate Benches of similar strength of our High Court in the cases of South East Bus Association and Others Vs. The State of Assam reported in (1981) 1 GLR 305; R. D. Srivastava Vs. Suren Panging reported in 2003 (1) GLT 346 and Thokchom Anita Devi & Others Vs. Tayenj