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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
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 appropriate writ, order, or direction of like nature.
3. The brief facts of the case is that; The petitioner has approached this Court seeking a direction to the State respondents to appoint him to the post of Gaon Bura (hereinafter referred to as "GB"), which has fallen vacant following the resignation of Z. Ihoto. Ihoto, who was the Head GB of Yangzitong Village, belonged to the Yemishe Yepthomi clan, a clan of the Sumi Naga Tribe. However, he subsequently renounced his identity as a Sumi Naga and claimed to belong to the Mongzar clan, a clan of the Sangtam Naga Tribe. Following this change in identity, the clan members resolved, as per the agreement dated 10.03.2014, that Ihoto was no longer entitled to enjoy the ancestral property. The Yangzitong Village Council also concluded, vide Case Settlement Order dated 08.12.2017, that he
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.
The court emphasized the importance of verifying eligibility documents in selection processes, particularly when candidates have equal qualifications.
The principle of reservation must be adhered to in appointing an officiating Gram Pradhan, and the consent of Gram Panchayat members is essential for nominations.
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....
Procedures for official appointments must be strictly followed to ensure legality; failure to comply invalidates such appointments.
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