IMPORTANT POINT
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.

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, Phek District.

3. Brief facts of the case as projected by the petitioner is that the petitioner and ten (10) others were elected as Village Council Members of Yoruba village for the tenure 2021-2026 and the same was approved by the State Government in the Home Department and conveyed to the Commissioner, Nagaland by the Deputy Secretary to the Govt. of Nagaland, Home Department vide letter dated 10.06.2021. The Commissioner, Nagaland in turn communicated the said approval to the Deputy Commissioner, Phek District vide letter dated 14.06.2021. In the meeting of the Village Council for selection of Village Council Chairman for Yoruba Village Council for the tenure 2021-2026 held on 26.03.2021, the petitioner was elected to be the new Village Council Chairman.

4. After the petitioner took charge as the Chairman of the Yoruba Village Council, the compensation relating to the two (2) lane highway was disbursed where it was detected that Rs. 15 lakhs compensation for Yorubami Women Welfare Society was misused by the respondent No. 6 to the tune of Rs. 13 lakhs. In retaliation, the respondent No. 6 instigated Razuvi Hoho Yoruba village directing the petitioner and the Chairman WATSAN to surrender the work order of Jal Jeevan Mission Project (JJM) to the Head Gaonburah in person on or before 22.01.2022 while also writing a letter dated 18.04.2022 to the respondent No. 4 for cancellation of the JJM project. The petitioner also wrote a letter to the respondent No. 4 on 14.10.2022 against the respondent No. 6 regarding the misuse of village community fund. The respondent Nos. 4 & 5 instead of taking up the issue endorsed the matter to the Dobashi Court (DB Court) having concurrent jurisdiction. The DB Court then imposed a fine of Rs. 5,000/- to the petitioner alleging that the petitioner had insulted the DB Court. Though the petitioner submitted an appeal letter to the respondent No. 5 but the latter directed the petitioner to pay the fine or to be sent to jail. The petitioner then wrote a letter to the respondent No. 1 on 15.06.2023 complaining about the functioning of the respondent No. 5.

5. Thereafter, the Head Dobashi, ADC Office, Chozuba along with eight (8) other DBs submitted an FIR against the petitioner on 01.07.2023 alleging that the petitioner had insulted the DBs Court on 11.11.2022. The respondent No. 6 also wrote another letter dated 04.07.2023 to the respondent No. 4 alleging that the petitioner has been taking law into his own hands after he assumed the office of the Village Council Chairman. The respondent No. 4 then issued a summon order dated 11.07.2023 to the Head DB, ADC Office, Chozuba, the Village Council Chairman, Village Council Members and Head GB of Yoruba village to discuss the issue pertaining to the complaint made against the ADC, Ch