SANJAY KUMAR, M. V. MURALIDARAN
Gainaichung Malangmei – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
Sanjay Kumar; CJ. - Preceded by a long and checkered history, ancient as well as litigative, factual narrative in these cases needs recount at length and in detail.
2. The 'Zeliangrong' are one of the indigenous Naga communities in Manipur. 'Zeliangrong' comprises Zeme, Liangmei and Rongmei (Kabui) Tribes combined. It is derived from 'Ze' from Zeme, 'Liang' from Liangmei and 'Rong' from Rongmei. In these indigenous tribes, the posts of 'Khunbu' and 'Khullakpa' were in vogue since times immemorial. 'Khunbu' refers to the founder/owner of the village whereas 'Khullakpa' is the Headman or administrator of the village. The post of 'Khullakpa' is sacrosanct as he is the representative of the village in all religious rites, apart from being its administrator. The office of 'Khullakpa' is not considered hereditary in the sense of a son automatically succeeding his father, though a son or a younger brother stands a good chance of assuming office after the death of the incumbent. The usual tradition is that the vacancy in this office would be filled up with the senior-most serving male of the clan to which the deceased belonged and, generally, he who is selected as 'Khullakpa' holds
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 ....
The statutory mandate of Section 20 of the Nagaland Village Councils Act, 1978 should not be overlooked in disputes over the selection of Village Council Members.
The central legal point established in the judgment is the authority of the Village Council to choose a Chairman as per Section 7(1) of the Nagaland Village Councils Act, 1978, and the impact of the ....
The main legal point established in the judgment is that the replacement of a selected Village Council Member must be based on statutory grounds and due process, as provided in the Nagaland Village C....
The Act, 1956 did not provide a specific procedure for the removal of the Chairman, highlighting the need for legislative amendment to incorporate a provision for the removal of the Chairman in the A....
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 judgment establishes the principle that village institutions, such as Village Councils, are amenable to writ jurisdiction under Article 226 of the Constitution of India. It also emphasizes the li....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.