VILAHO ZEHOL Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) Heard Mr. Elivil Zao, learned counsel for the petitioners and Mr. V. Zhimomi, learned Government Advocate appearing on behalf of respondent Nos. 1 to 5

(2.) This matter emanates due to the dispute that arose between the two villages of Leshemi and Khezhakeno out of the clandestine agreement dated 17.11.2012 between some villagers of the aforementioned village to share water from the source which originates from Khezhakeno Village. However, after 5 (five) years, the contents of the agreement came to light on 02.12.2017 to the remaining villagers of Khezhakeno. Since the agreement was signed clandestinely between some villagers of Khezhakeno and Leshemi Village, the remaining villagers of Khezhakeno was opposed to the agreement and filed a civil suit which is nomenclatured as Civil Suit No. 1/2020, which is still pending before the Civil Judge, Junior Division, Phek, seeking to quash and set aside the agreement dated 17.11.2012, which was made between some of the villagers of Khezhakeno and Leshemi Village clandestinely. When the Leshemi villagers attempted to draw water from the source, this was objected by the Khezhakeno villagers, which led to the present dispute. In the process of dispute, the pipelines and electricity lines were damaged by the villagers of Leshemi Village and Khezhakeno villagers were stranded without electricity and water supply. After some time, the electricity supply was restored, however, water supply has not been restored till date. Under the circumstances, representations were made to the Deputy Commissioner (DC) for restoration of water supply and electricity and also taking action against the offending villagers. In connection with the dispute, the DC had also, by an order dated 03.03.2020 ordered both the disputing parties to refrain from undertaking any activities in the disputed area. However, it has been reported that the Leshemi Village has forcefully drawn water from the same water source violating the order of the DC dated 3.3.2020. After the dispute arose, the Village Chairman, the VDB Secretary of the Village and the Head GB of Khezhakeno Village proposed to resign on moral grounds.

(3.) On examination of the writ petition, this Court, by an order dated 25.11.2020, was of the view that the writ petition filed before this Court does not contain common cause of action concerning all the connected prayers. On the prayer of the petitioners to fill the vacant posts of GB, it is opined that Section 4 of the Nagaland Village and Area Council Act, 1978 requires that the members be chosen by the villagers which is to get the approval of the State Government. This being the position, it is the duty of the petitioner to see that they choose their members and forward the same for steps by the Government and in this context, this Court does not see how the fundamental rights of the petitioners have been violated. The report of the EAC which is placed before this Court for consideration contains that the documents have not been received from the parties for appointment of Village Council members which is the initiating point of appointment as per the Village Council Act. Sans this action from the petitioners, there cannot be an appointment. Hence, there can be no violation of the petitioners' right guaranteed under the Constitution.