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KH. NOBIN SINGH
P. Nengkhanchin – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
[1] Heard Shri D. Julius Riamei, learned Advocate appearing for the petitioners; Shri S. Thoi Thoi Meitei, learned Advocate appearing for the private respondents and Shri N. Kumarjit, learned AG appearing for the State respondents.
[2] Since the above two writ petitions have arisen out of similar set of facts, both are jointly considered and disposed of by this common judgment and order.
[3.1] Facts and circumstances as narrated in the writ petition are, in short, that the Vengnuam South Village was recognised as the Machete (Hamlet) of Vengnuam village in Churachandpur vide order dated 28-03-2018 issued by the Sub-Divisional Officer, Churachandpur. The Vengnuam South Village Authority vide a memorandum dated 01-04-2018 was constituted with the respondent No.4 and respondent No.5 being the Chairman and the Secretary respectively. The Vengnuam South Village Authority in its meeting held on 20-09-2020 passed a resolution to remove the respondent No.4 from being the Chairman and to appoint the petitioner No.1 as the new Chairman of the village authority. The minutes of the meeting were forwarded to respondent No.3 who accorded his approval to reshuffle twelve members of the vill
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....
The Act of 1956 does not provide for the removal of an elected Chairman or Secretary from office, and the proper course, as per the statute, is for the other members of the Village Authority to remov....
Passing illegal resolution to divest Sarpanch of signing authority despite statutory bar and caution, and deferring welfare funds thereby, constitutes willful misconduct warranting removal of Up-Sarp....
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 Court established that removal from office must be preceded by a show cause notice and an opportunity to defend, aligning with principles of natural justice.
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 ....
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
The removal of a Chairperson by a motion of no confidence supported by a majority of Ward Commissioners is valid under the Assam Municipal Act, 1956, and does not require government approval.
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