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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MARLI VANKUNG, J.
Mr V. Zirsanga, S/o. Kapchhunga (L) - Appellant
Versus
The State of Mizoram and Ors. - Respondents
WP(C) 46 of 2025
Decided on : 08-08-2025
| Table of Content |
|---|
| 1. writ petition challenges legality of notifications. (Para 1 , 2) |
| 2. background on chief executive member appointments. (Para 3 , 4 , 5) |
| 3. petitioner indicated issues with notifications prior to filing. (Para 6) |
| 4. petitioner claims governor's notifications invalid. (Para 7 , 8 , 12 , 13) |
| 5. governor's authority in appointing cem questioned. (Para 9 , 10) |
| 6. procedural violations claimed by petitioner. (Para 11 , 14 , 15) |
| 7. defending arguments on necessity of a floor test. (Para 16 , 18 , 22 , 28) |
| 8. court's obligation to uphold democratic values. (Para 17 , 19 , 20) |
| 9. the importance of a floor test in validating claims. (Para 21 , 25 , 26 , 27) |
| 10. legal reasoning for ordering a floor test. (Para 23 , 24 , 30) |
| 11. rules around governor's discretion clarified. (Para 29 , 31) |
| 12. necessity of following legal frameworks emphasized. (Para 32 , 33) |
| 13. court must intervene to maintain constitutional norms. (Para 34 , 35 , 38) |
| 14. decisions must conform to constitutional requirements. (Para 36 , 37 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
| 15. concluding remarks affirming findings and directing actions. (Para 46 , 47 , 48) |
JUDGMENT :
MARLI VANKUNG, J.
Heard Mr. J.C. Lalnunsanga, learned counsel for the petitioner. Also heard Mr. B. Deb, learned Advocate General for the State respondent Nos. 1 to 3, Mr. C. Lalramzauva, learned Senior counsel for respondent No. 5 assisted by Mr. Jordan Rohmingthanga, learned counsel and Mr. R. Lalhmunsiama, learned counsel for respondent No. 4.
2. This writ petition filed under Article 226 of the Constitution of India is for the issuance of the appropriate Writ or order in challenging the legality of the Notifications dated 02.05.2025, appointing Shri N. Zangura/respondent No. 5 as the Chief Executive Member, Lai Autonomous District Council, w.e.f. 30.04.2025 i.e., the date of approval of the Governor of Mizoram and the subsequent, Notification dated 07.05.2025 issued by the Secretary DC & MD Department declaring the appointment of the writ petitioner on 24.02.2025 null and void and consequently, declaring the budget for the year 2025-2026 presented by the petitioner also as null and void. And the order dated 08.05.2025 for conducting Floor test for respondent to prove his majority in the house on 16.05.2025.
3. The brief background of the case that led the petitioner to file the instant writ petition is that out of the 25 elected MDCs, 13 of them had formed the ZPM Legislature party and on 02.02.2025, the writ petitioner had informed the Governor of Mizoram that as he was their leader, the writ petitioner staked his claim for being appointed as Chief Executive Member (herein after referred to as CEM) of Lai Autonomous District Council (hereinafter referred to as LADC) and consequently, vide notification dated 24.02.2025 issued by the Secretary, District Council & Minority Affairs, the writ petitioner was declared as CEM of LADC w.e.f. 24.02.2025, in exercise of the powers conferred by sub rule (40) of rule 21 of the Lai Autonomous District Council (Constitution, Conduct of Business etc.) Rules, 2010 (also referred to as the LADC, (CCB) Rules, 2010). The notification further stated that as provided under Rule (5) of Rule 21 of the Lai Autonomous District Council (Constitution, Conduct of Business etc.) Rules, 2010, the Governor of Mizoram directed the Chief Executive Member to secure a vote of confidence within 30 days from the date of appointment.
4. After the appointment of the petitioner as the Chief Executive Member, LADC, the Secretary LADC, Lawngtlai, issued a notification dated 04.03.2025 in exercise of the powers conferred upon him by Rule 32 Sub-Rule (2) of the Lai Autonomous District Council (Constitution, Conduct of Business etc.) Rules, 2010 and in compliance with the order of the Hon’ble Governor, Mizoram, summoning its 11th Lai Autonomous District session on 18.03.2025 at 10:30 AM at the Lai Autonomous session hall, to secure a vote of confidence in favour of the newly appointed writ petitio
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