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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO, J
Sh. K. Lalngaizuala And Anr - Appellant
Versus
The State Of Mizoram R/b The Chief Secretary To The Govt. Of Mizoram And Anr - Respondent
WP(C) 1 / 2025
Decided On : 07-02-2025
(A) Lushai Hills District (Village Councils) Act, 1953 - Section 5 - Notifications shortening the term of Village Councils - Petitioners challenged the Notifications citing violation of democratic principles and rights under Articles 14 and 16 of the Constitution - The court found that the State Government acted within its powers under Section 5, and the reasons for shortening the term were based on financial considerations. (Paras 5 , 11 , 12 , 18 )
(B) Fundamental Rights - The court held that the petitioners' rights were not violated as the decision was backed by reasons and did not defy logic or statutory provisions. (Paras 6 , 18 )
(C) Legitimate Expectation - The court ruled that the petitioners did not have a legitimate expectation to complete their term as the decision was made in the interest of public service. (Paras 6 , 18 )
Facts of the case:
The petitioners, elected members of the East Lungdar Village Council, challenged Notifications that shortened their term from September 2025 to February 2025 without clear justification.
Findings of Court:
The court found the Notifications valid as they were issued under the authority of Section 5 of the V.C Act, with financial implications justifying the decision.
Issues: The main issues were whether the Notifications violated the petitioners' rights and whether the State had the authority to shorten the term.
Ratio Decidendi: The court concluded that the State's decision was lawful, supported by financial reasoning, and did not violate the petitioners' rights.
Result: Writ petition dismissed.
JUDGEMENT :
Heard Mr. C. Lalramzauva, learned Senior Counsel assisted by Mr. Stephen Lalbuatsaiha, learned counsel for the petitioners and Mr. Samuel Vanlalhriata Chhangte, learned Addl. Advocate General, Mizoram for the respondents. Both the writ petition as well as the Interlocutory Application are being disposed of by this Order.
[2.] By filing the instant writ petition, the two (2) petitioners have challenged the Notifications dated 20.11.2024 and 21.11.2024 (Annexure - 5 & 6 respectively), by which the term of the existing Village Councils in the State of Mizoram excluding the Village Councils under the three (3) Autonomous District Councils have been shortened and made to expire on 19.02.2025. The petitioners are elected members to the East Lungdar Village Council. The petitioner No. 1 is the President while the petitioner No. 2 is the Treasurer of the said Village Council.
[3.] It may be stated herein that the impugned Notification dated 20.11.2024 was challenged by the All Mizoram Village Councils Association represented by its President and 2 others by filing WP(C) No. 139/2024. However, the said Notification was superseded by the second Notification dated 21.11.2024 which came to the knowledge of the petitioners from the caveat filed by the State. Accordingly, the said writ petition was dismissed as withdrawn with liberty to file afresh, if so advised, vide Order dated 12.12.2024.
[4.] Thereafter, the same petitioners filed another writ petition i.e., WP(C) No. 146/2024 which however was disposed of again as withdrawn with liberty to file a fresh writ petition if so advised vide Order dated 13.01.2025. The reason for withdrawal of the said writ petition was due to the fact that the petitioner association is not a registered association and therefore, the writ petition filed by an unregistered association was not accepted by this Court. Pursuant to the withdrawal of the said writ petition, the present two (2) writ petitioners who are the elected members of the East Lungdar Village Council have filed the instant writ petition.
[5.] Mr. C. Lalramzuava, learned Senior Counsel submits that the election of the Village Councils in Mizoram was held on 27.08.2020 wherein, seven (7) members including the writ petitioners were elected as East Lungdar Village Council Member. The first meeting of the Executive Body of the Village Council was convened on 04.09.2020 and the term of five (5) years is to expire only in the month of September, 2025. However, the term of the Village Councils in Mizoram excluding Autonomous District Council areas have been shortened by over six (6) months by the State respondents through the two (2) impugned Notifications for reasons not known to the petitioners. The learned Senior Counsel submits that from a perusal of the two (2) Notifications, one cannot make out the reason or basis for shortening the term of the Village Councils by over six (6) months. He submits that Section 5 of the Lushai Hills District (Village Councils) Act, 1953 (V.C Act) as amended no doubt empowers the State Government to extend or shorten the life of a Village Council for such periods not exceeding 18 months in the aggregate but however, the said power cannot be arbitrarily exercised and for no rhyme or reason. He submits that a Village Council is an elected body and a democratic institution at the grass root and therefore, the term of an elected body cannot be shortened in the manner it has been done through the two (2) impugned Notifications. He therefore submits that the impugned Notifications should be set aside and the Village Councils concerned be allowed to complete its five (5) year tenure as per the V.C Act.
[6.] The learned Senior Counsel further submits that the rights of the petitioners as guaranteed under Article 14 & 16 of the Constitution of India has been grossly violated by the respondents. He submits that prior to issuance of the impu
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