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NELSON SAILO
Vethisa Lohe S/o Late Vedima Lohe – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. Joshua Sheqi, learned counsel for the petitioner, Mr. N. Angami, learned State Counsel for the State respondents and Ms. Nancy Lotha, learned counsel for the respondent No. 6. The parties in both the writ petitions are similar and likewise the issue involved as well. Therefore, both the writ petitions will be disposed of by this common order.
2. The prayer of the petitioner in WP (C) No. 169/2023 amongst others is for setting aside the Report of the Special Session in regards to Yoruba Village dated 17.07.2023 and the order dated 25.07.2023 by which he was removed from the post of Village Council Chairman of Yoruba village passed by the Deputy Commissioner, Phek, Nagaland (respondent No. 4). In WP (C) No. 338/2023, the petitioner has prayed for setting aside of the Removal Order dated 30.09.2023 issued by the respondent No. 4 removing him from the Village Council Member as well as from the post of Village Council Chairman of Yoruba village and also, the Corrigendum dated 19.10.2023 by which the Removal Order dated 30.09.2023 was corrected as removal of the petitioner from the Village Council Member of Yoruba village under Chozuba Sub-Division,
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....
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.
Mere negligence does not constitute willful misconduct under Section 53 of the Odisha Municipal Act for removal as Chairperson. Compliance with natural justice, including providing copies of enquiry ....
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.
Removal of an elected Councillor requires specific allegations and adherence to natural justice principles, as a failure to provide a proper notice vitiates the removal order.
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 Act, 1956 did not provide a specific procedure for the removal of the Chairman, highlighting the need for legislative amendment to incorporate a provision for the removal of the Chairman in the A....
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