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PARTHIVJYOTI SAIKIA
Zuchanbemo Ezung R/o Yimkha – Appellant
Versus
Home Commissioner – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard the learned Senior Counsel Mr. C.T. Jamir assisted by Mr. Aliba Ozukum, learned counsel appearing for the petitioners. Also heard Mr. E. Tibha Phom, learned Government Advocate and Mr. Moa Imchen, learned Senior Government Advocate appearing for the State of Nagaland.
2. This is an application under Article 226 of the Constitution of India challenging the order dated 08.11.2023 issued by the Deputy Commissioner, Wokha, Nagaland vide Order No.DCW/COUN-105/YIMKHA/VDB/2023.
3. The issue relates to selection/election of members in the Village Development Board (hereinafter referred to as “the VDB”) at Yimkha Village, Wokha, Nagaland. The VDB consists of 7(seven) members and election is conducted in terms of Village Development Model Rules, 1980 (Revised).
4. Yimkha Village Council issued a Notice on 28.09.2023 for selection/election of VDB members. In this process, different clans nominate their representatives. Accordingly, Ezung Clan selected the first petitioner and the Yentso Ngullie Clan selected the second petitioner as their representatives. Majority of the members of the clans sel
The Deputy Commissioner's decision regarding VDB member selection must be reasonable and based on evidence of majority support from clans.
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 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 ....
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.
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....
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