JEVISHE Y. ASSUMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Z. Zhimomi, learned counsel for the petitioners and also heard Mr. K. Angami, learned Government Advocate appearing for the State respondents and Mr. I. Longjem, learned counsel appearing for the private respondents No. 6 to 9.

(2.) This is a writ petition challenging ; (i) the letter dated 25.11.2019 of the Chairman, Natsumi Village Council recommending the respondent No. 9 to the Additional Deputy Commissioner, Pughoboto to appoint him as the VDB Secretary of Natsumi Village; (ii) the letter dated 19.03.2020 of the respondents No. 7 and 8 requesting the Deputy Commissioner, Zunheboto to cancel the selection of the new VDB member of the Natsumi Village and; (iii) the letter dated 30.05.2020 of the respondent No.3 directing the Additional Deputy Commissioner to look into the letter of the respondents N. 7 and 8 mentioned above and to verify and settled the issues and also submit a report for further necessary approval.And, praying for; (i) a direction to appoint the petitioner as VDB Secretary of the Village of Natsumi as per the decision of a meeting of the Village Council and VDB held on 26.02.2020; (ii) for a direction directing the respondents to appoint VDB Secretary of Natsumi Village as per the Rule-7 of the Village Development Boards Model Rules, 1980 (Revised) and (iii) praying for a direction directing the Additional Deputy Commissioner, Pughobototo act in pursuance of his notification dated 16.12.2019, issued vide his Memo No. ADC/DEV/VDB-19/2019/719; and cause selection of the VDB Secretary of Pughoboto for the tenure 2019-2022,

(3.) The Village Council of Natsumi Village selected 9 VDB Member of the Village and the same was forwarded to the ADC, Pughoboto, vide letter dated 25.11.2019 by the Chairman of the Village Council. Thereafter, by a letter dated 21.11.2019, the Chairman of Natsumi Village Council through a letter addressed to 2 G.B's belonging to Aqami Khel namely, Shri. Kiyevi and Shri. Kivixe requesting them that they should deliberate with their Khel membersand elect the VDB Secretary before 25.11.2019. In response to the said letter one of the G.Bs namely,Mr. KiyeviSwu intimated the chairman of the Village Council of Natsumi that in pursuance of his letter the G.Bs and VDB members of the village from Aqami Khel held a meeting on 23.10.2019 and has selected the petitioner to be VDB Secretary of the Village and also requested the chairman to forward the same to the higher authority for necessary action. However, the Chairman of Natsumi Village Council, vide his letter dated 25.11.2019, addressed to the Additional Deputy Commissioner, Pughuboto recommended the appointment of the respondent No.9 as VDB Secretary of Natsumi Village purportedly based on the decision ofAqami Khel in their meeting held on 23.10.2019. In view of the conflicting resolutions, recommending two persons to be the Secretary of the VDB of Natsumi Village, the Additional Deputy Commissioner, before whom the matter came up for resolving the issue appointed three persons namely Shri. Atovi, P.A to DC, Shri. Ghozheto, D.B-I and Shri. Kughaje, D.B-II, vide his letter No. ADC/DEV/VDB- 19/2019/699, dated 03.12.2019 to verify the meeting resolution of Natsumi Village Council regarding the selection of new VDB Secretary and new VDB Management Committee and submit the report to him on or before 09.12.2019. In pursuance of the said order, the persons whose names are mentioned above submitted their report to the Additional Deputy Commissioner, Pughoboto which is readsas follows;