L. CHINZAH Vs. STATE OF MIZORAM AND ORS.

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution of India, the Petitioner has challenged the resolution of 2.8.89 of the Lai District Council of Mizoram, "the Council" for short, adopting a motion of no confidence in the Executive Committee of the Council the election of the Respondent 4 Pu B. Thanchunga to be the Chief Executive Member of the Council in the meeting of the Council held on 4.8.89, and the notification made on 5.9.89 by the Government of Mizoram notifying the election of the Chief Executive member.

(2.) FACTS giving rise to this petition, in brief, are thus. In the election held on 27.1.88 to elect members of the Council, nineteen (19) persons were declared to have been elected and their names were notified in the Mizoram Gazette dated 12.2.88. Six election petitions were filed against six (six) returned candidates. The Commissioner, who was appointed for hearing and disposal of the election petitions, declared the election of those six (6) returned candidates void. Being rived by the order of the Commissioner, five writ applications (Civil Rule Nos. 1322, 1335, 1336, 1337 and 1338 of 1988) were filed in this Court. In those writ applications, this Court passed interim orders to the effect that the writ Petitioners may participate in the deliberation of the Council except voting, and that the election of the Chairman shall not be held for two weeks.

(3.) THE contention of Mr. S. Medhi. the learned Counsel for the Petitioner is that the person who presides over the meeting of the Council should be a member of the Council, but the Respondent -3 (sic) Hmuaka ceased to be a member of the Council as his election has been set aside by the Commissioner. Although in the writ petition (Civil Rule No. 1335 of 1989) filed by the Respondent - -3 Pu VL Humaka, an interim order was passed by this Court to the effect that the Respondent can participate in the proceedings of the Council without having right to vote, the order will not make him qualified to premed the meeting.