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KALYAN RAI SURANA, MRIDUL KUMAR KALITA
State of Nagaland – Appellant
Versus
Neizo Zumu – Respondent
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
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.
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 main legal point established is that the selection of Village Council Members must be in accordance with prevailing customary practices and usages, and should involve consultation with the whole ....
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 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 ....
Recognition of villages in Nagaland requires adherence to established customary practices, necessitating 'No Objection Certificates' and compliance with the prescribed procedures outlined in the rele....
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