V. MALSAWMA Vs. LAI AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, the learned senior counsel assisted by Mr. J. Thanghmingmawia, for the petitioners. Also heard Mr. N. Sailo, the learned senior counsel assisted by Mrs. Dinari T. Azyu, for the respondents 1 and 2. The remaining respondents although served, have chosen not to appear in the proceeding.

(2.) 1 The petitioners were nominated members, of Lawngtlai-III Village Council ('the village council') and the constitution of the said village council along with 5 elected and 2 nominated members was approved by the Lai Autonomous District Council ('the District Council') through Notification dated 12.12.2007 (Annexure 1). After the village council assumed charge, on being dissatisfied with the functioning of Shri Chhuanawma, the President of the village council (respondent No.3), an application seeking to move a no confidence motion against the President, was filed on 3.3.2010 (Annexure 3) before the Executive Member In-Charge, Local Administration of the Lai Autonomous District Council.

(3.) 1 Mr. C. Lalramzauva, the learned senior counsel submits that this court in its order dated 19.4.2010 had specifically permitted the writ petitioners (including the 2 replaced members) to participate in the meeting to discuss the No Confidence Motion. But the direction of the court was frustrated by the respondents by issuing a backdated order of replacement of the 2 nominated requisitionist members.