PU DOSANGA Vs. STATE OF MIZORAM & OTHERS

JUDGEMENT

(1.) These four petitions raise the same question of law and facts, have been heard together and are being decided by this common judgment.

(2.) The petitioner in Civil Rule No. 1537/89 was President of Durtlang Village Council which had been constituted in Nov., 1987 with 7 elected and 3 nominated members. The term of the Village Council was 3 years from the date of its constitution. By Notification No. LAD/VCA-41/89 dated 13th June, 1989 the Governor of Mizoram in exercise of powers under section 25(1) of the Lusai Hills District (Village Council) Act, 1953 (hereafter referred as the Act) however dissolved the Village Council. The petitioner is aggrieved with the dissolution of the Village Council mainly on the grounds that even though the Village Council was duty constituted and comprised of elected and nominated members it has been dissolved without any opportunity to show cause against the action taken.

(3.) In Civil Rule No. 1538/89 nine Village Councils, namely, Tanhril Village Council, Zawlsei Village Council, Tumpui Village Council, Hriphaud Village Council, Melthum Village Council, Khawbung 'S' Village Council. Serchhip West Village Council, Damveng Village Council and Lungdar 'E' Village Council were similarly dissolved by Notifications No. LAD/VCA-115/88 dated 8th May, 1989 ; No. LAD/VCA-242/89 dated 26th May, 1989 ; No. LAD/VCA-334/89 dated 16th June, 1989 ; No. LAD/VCA 266/89 dated 27th June, 1989 ; No. LAD/VCA-25/89/19 dated 19th July, 1989 ; No. LAD/VCA-89/38/8 dated 20th July, 1989; No. LAD/VCA-93/89/21 dated 27th July, 1989 ; No. LAD/VCA-336/89 dated 10th Aug., 1989 and No. LAD/VCA-86/89/7 dated 21st Aug., 1989 respectively.