C WOKHUNGO KIKON Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. E.Y. Renthungo, learned counsel for the petitioner and Mrs. Lucy, learned Government Advocate appearing on behalf of the State respondents. None appears for the private respondent No. 5 despite notice being duly served upon him.

(2.) The grievance made in the writ petition is two fold : (i) That the Sub-Divisional Officer (Civil) Sanis [for short SDO(C)] acted illegally and without jurisdiction in passing the Notification dated 2nd June, 2001 (Annexure-7 to the writ petition) by which the petitioner No. 2 to 5 were disqualified from exercising their franchise in the Election / Selection of Village Council Chairman to be held on 6.6.2001, and (ii) That the Deputy Commissioner, Wokha, under whose jurisdiction the village in question falls also acted illegally and without jurisdiction in passing the impugned order dated 7.6.2001 (Annexure-10 to the writ petition) by which the respondent No. 5 was notified to be elected / selected as Chairman of Sanis village.

(3.) Before delivering upon the rival contentions of the parties, it would be appropriate to refer those impugned orders which are extracted as follows :