An authority vested with the power to make an appointment possesses the inherent administrative power to suspend, dismiss, or reshuffle such appointees, provided there are no express statutory prohibitions or contradictory rules governing the conduct of such administrative affairs.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. A. Zhimomi, learned counsel for the petitioner. Also heard Ms. V. Suokhrie, learned Addl. Advocate General for the State respondent nos. 1 to 3 and Mr. Limawapang, learned counsel for respondent no. 4.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, who is the Chairperson of the Dimapur Municipal Council, has assailed letter No. MA/DMC-01/2026/450 dated 23.01.2026, by which certain directions were issued by the Addl. Secretary to the Govt. of Nagaland, Municipal Affairs Department (respondent no. 2).

3. In brief, the case of the petitioner is that pursuant to elections held for the Councillors of the Dimapur Municipal Council, the elected Councillors took oath of office on 05.07.2024. Thereafter, the petitioner was elected as the Chairperson of the Dimapur Municipal Council. In the absence of any rules, the Municipal Affairs Department issued a General Advisory/Guidelines for newly constituted Urban Local Bodies vide Memo No. MA-15/ 2024/553 dated 26.07.2024 (hereinafter referred to as “Guidelines dated 26.07.2024 for brevity), which, amongst others, envisaged setting up Committees with convenors, co-convenors and members. Accordingly, in terms of the said Guidelines dated 26.07.2024, the petitioner, as the Chairperson of the Dimapur Municipal Council, vide order dated 13.08.2024, constituted eleven Sub-Committees with convenors and members from among the elected Councillors of the Dimapur Municipal Council. Thereafter, another meeting of the Dimapur Municipal Council was held on 15.12.2025 in the Office Chamber of the Chairman. In the said meeting, the petitioner, in the presence of a few councillors, amongst others, informed that in the interest of the Dimapur Municipal Council and the general welfare of the office, especially considering the dire financial health of the Council, reshuffling of the Sub- Committees and In-Charges would be undertaken as agreed to by the members present. Consequently, by Order No. TMC/G-1(CP)/2024/2561- 562 dated 22.12.2025, the In-charge/Co-convenors/Members of the various Sub-Committees were reshuffled.

4. Without referring to the various communications, it would suffice to mention that the Addl. Secretary to the Govt. of Nagaland, Municipal Affairs Department (respondent no. 2), by the impugned Order No. MA/DMC-01/2026/450 dated 23.01.2026, observed that there were procedural lapses in the issuance of the order dated 22.12.2025 by the Chairperson of the Dimapur Municipal Council, as it did not adhere to the provisions of Chapter V (Conduct of Business) of the Nagaland Municipal Act, 2023, and that the order was also issued without following the procedure laid down under Section 77(2)(a) of the said Act. Accordingly, in exercise of power under Section 81 of the Nagaland Municipal Act, 2023, the following directives were issued:

1. That the Order issued vide No. DMC/G-1/CP/2024/561-562, dated Dimapur the 22nd December, 2025 shall be considered null & void.

2. The Chairperson shall call for a meeting afresh for a special discussion on Revenue Collections and Assignment of Committees to the elected councilors as per provisions of Chapter V Conduct of Busin