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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA
Hukheto Yepthomi S/o Late Lhomithi Yepthomi – Appellant
Versus
State of Nagaland – Respondent
| Table of Content |
|---|
| 1. factual background leading to the contested reshuffling of council sub-committees. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties argument on the chairperson's authority versus state administrative oversight. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. statutory framework governing municipal conduct of business and record production. (Para 12 , 13 , 14) |
| 4. power to appoint a committee includes inherent power to reshuffle members. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. lack of statutory mandate for prior consultation when reshuffling administrative committee portfolios. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. court holds state interference invalid, restoring the chairperson's original order. (Para 36 , 37 , 38 , 39 , 40 , 41) |
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
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