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.

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 could no longer claim rights to the ancestral property. This decision was further upheld by the Naga Customary Court, Seyochung, under the office of the ADC, Seyochung, which, in its case settlement order dated 01.02.2021, declared that Ihoto had no right to claim the ancestral properties belong to Yemishe Yepthomi clan that is undivided even in the future. Consequently, Z. Ihoto lost his hereditary rights to village chieftainship/GB and his entitlement to ancestral property, both of which belonged to the Sumi Naga Tribe. He subsequently tendered his resignation from the post of GB of Yangzitong Village.

4. Thereafter, the Yangzitong Village Council, with unanimous support from all GBs of both tribes, endorsed the name of the petitioner to be appointed to the vacant GB post, following all procedures laid down by the Government. However, an unfortunate incident occurred at midnight on 27.02.2021, wherein one Mr. Akato Yeptho (the petitioner’s cousin) was accused of firing gunshots. Following this, the Sangtam GBs wrote a letter to the Deputy Commissioner, Kiphire, accusing the petitioner and claimed to withdraw their signatures from the Village Council's meeting minutes dated 04.02.2021, which endorsed the petitioner’s appointment as GB.

5. Subsequently, the Sangtam GBs of Yangzitong Village, in a separate meeting excluding the Sumi GBs, accused the petitioner on two grounds: (i) that he had adopted the Sumi identity and was thus ineligible to become GB; and (ii) that he was allegedly involved in the firing incident. They also raised concerns about the petitioner’s moral conduct, without providing evidence or justification. It is important to note that the petitioner’s identity as a Sumi Naga was already adjudicated and affirmed by the Joint DBs Court on 30.06.2015, 08.12.2017, and 01.02.2021, during proceedings concerning the identity and inheritance rights of Z. Ihoto. Furthermore, the firing incident was tried by the Dist