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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), KOHIMA BENCH
MITALI THAKURIA
Hukheto Yeptho, S/o. Late Hozheto Yeptho – Appellant
Versus
Commissioner Nagaland – Respondent
| Table of Content |
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| 1. petitioner's eligibility based on village chieftainship and clan identity conflicts. (Para 3 , 4 , 5) |
| 2. counsel argues against retraction of support from gbs post-appointment. (Para 6 , 7 , 8) |
| 3. state maintains internal dispute must be resolved within the community framework. (Para 9 , 10 , 11) |
| 4. petitioner argues compliance with appointment process despite withdrawal of support. (Para 12 , 13 , 14) |
| 5. previous allegations resolved; petitioner’s identity established. (Para 15 , 16 , 17) |
| 6. widespread legal implications of signature withdrawal affecting appointment. (Para 18 , 19) |
| 7. requirement of general consensus for gb appointment outlined. (Para 20 , 21 , 22) |
| 8. lack of current consensus precludes petitioner's gb appointment. (Para 23 , 24) |
| 9. court directs fresh meeting for consensus for appointment. (Para 25 , 26) |
JUDGMENT :
(MITALI THAKURIA, J.)
Heard Mr. J. Sheqi, learned counsel for the petitioner. Also heard Mr.Imti Imsong, learned Additional Advocate General, representing the State respondent Nos.1 to 4.
2. This application is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus and/or Certiorari and/or any other
A unanimous decision of the Village Council is required for the appointment of a Gaon Bura; absence of consensus invalidates the appointment, regardless of past agreements.
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.
Unilateral withdrawal of a recommendation for a Scheduled Tribe certificate without due process violates constitutional protections for Scheduled Tribes.
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