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.

JUDGMENT AND ORDER :

1. Heard Mr. K.N. Balgopal, learned Advocate General for the State of Nagaland, assisted by Ms. V. Suokhrie, learned Addl. Advocate General. Also heard Mr. Imti Longjem, learned counsel for the respondent nos. 1 to 10 and 13 to 17 as well as Mr. A. Zho, learned counsel for the respondent nos. 18 to 23. None appears on call for the respondent nos. 11 and 12 through notice was served on them.

2. By filing this intra-court appeal, the State has assailed the judgment and order dated 19.01.2022, passed by the learned Single Judge of in W.P.(C) No. 126/2021.

3. The said writ petition was filed by the respondent nos. 1 to 17 herein, inter-alia, challenging the appointment of the respondent nos. 18 to 23 herein as the newly constituted Village Council Members (hereinafter referred to as 'VCM' for short) of Botsa Village. The proforma respondent nos. 18 to 23 herein were arrayed as respondent nos. 7 to 12 in the writ petition. The appellants herein were arrayed as respondent nos. 1 to 6 in the writ petition.

4. At the outset, it would be appropriate to have a brief glimpse of the relevant provisions of the Nagaland Village Councils Act, 1978 (formerly, Nagaland Village and Area Councils Act, 1978, as well as Nagaland Village and Tribal Councils Act, 1978). As per section 3 thereof, it is provided that every recognized village shall have a Village Council. Under section 4 of the said Act, it is provided that a Village Council shall consist of members, chosen by the villagers in accordance with the prevailing customary practices and usages, the same being approved by the State Government, provided that hereditary Village Chiefs, Gaonburas (GBs for short), and Angs shall be Ex-Officio members of such council and shall have voting right. As per the provision of section 6(a) thereof, amongst others, it is provided that every Village Council, unless otherwise dissolved by the State Government, shall continue for five years from the date of appointment. Under section 6(b) thereof, amongst others, it is provided that all members shall hold office during the life of the Village Council. Under the provision of section 20 thereof, it is provided that when a dispute arises as to the selection of any member of a Village Council, the matter shall be referred to the State Government whose decision thereon shall be final. Under the provision of section 22 thereof, it is provided that subject to the general superintendence of the State Government, the Deputy Commissioner/ the Additional Deputy Commissioner or Sub-Divisional Officer (Civil) in-charge of the Sub-Division, Extra Assistant Commissioner or Circle Officer shall have control over all the Village Councils within his jurisdiction.

In brief, case of the respondent nos. 1 to 17:

5. The case of the respondent nos. 1 to 17 herein, in brief, was that they belong to Botsa village in Kohima District. By a notification dated 18.03.2021, issued by the Deputy Commissioner, Kohima (respondent no.4), the Village Councils of all the recognized villages within Kohima District was dissolved with immediate effect and all recognized villages were informed to form a new Village Council for the current tenure by selecting/electing their VCMs in accordance with the prevailing customary practices and usages as provided for in the Nagaland Village and Tribal Councils Act, 1978 and Nagaland Village and Tribal Councils Rules, 1979. It was directed that the selection process of the VCMs should be completed on or before 31.03.2021.

6. It may be mentioned that the name of the Act and Rules are incorrectly stated in the said notification dated 18.03.2021. The name of the original Act was amended by section 2 of the Nagaland Village and Area Councils (Second Amendment) Act, 1990. Thus, the name of the said act is Nagaland Village Councils Act, 1978. Moreover, the correct name of the Rules made thereunder is called the "Nagaland Village and Area Councils Rules, 1979".

7. The said notification dated 18.03.2021,