MYLAI HLYCHHO Vs. STATE OF MIZORAM

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioners challenged the impugned notification dated 5th December, 2001 issued by the Government of Mizoram, terminating the membership of the petitioners who were the nominated members of "Mara Autonomous District Council" (shortly "The A.D.C."). The said notification reads as under:

(2.) The petitioners also challenged the nomination of the respondent Nos. 4, 5 & 6 along with another, namely, Smti Lalbiaktluangi Sailo (shortly Mrs. Sailo) who had been nominated as members of the said A.D.C. by the State Government vide notification dated 6th December, 2001 which is quoted below: "Notification Dated Aizawl, the 6th Dec. 2001 No. DCA/E-108/88: In exercise of the powers conferred by sub-para (1) of Paragraph 2 of the Sixth Schedule to the Constitution of India, read with sub-rule (1) of Rule 7 of the Mizoram Autonomous District Council (Constitution and Conduct of Business of the District Councils) Rules, 1974 as amended from time to time, the Governor of Mizoram is pleased to nominate the following penrans as members of the Mara Autonomous Bistiict Council with immediate effect, namely:- (1) Mr. Nolua, S/o Lairi, Lungbun. 2) Mrs. Lalbiaktluangi Sailo D/o Saichhuma Serkawr (3) Mr. Chialo, S/o Zapo (L), Tuipang. (4) Mr. H. Valai, S/o Siapo (L), Tongkalong. By order and in the name of the Governor. Sd/- P. Chakraborty Secretary to the Govt. of 'Mizoram District Council Affairs Department." The petitioners had been nominated by the Governor as members of the said "Mara Autonomous District Council'" vide Notification No. DCA/E-108/88 dated 8th August, 2000 along with Mr Sailo (not a party before the Court) in exercise of power under para 2(1) of the Sixth Schedule to the Constitution of India.

(3.) Precisely, the writ petition contains that the Mara Autonomous District Council has been constituted pursuant to the provision of paragraph 20 B of the Sixth Schedule consisting of nineteen (19) members to be directly elected through adult franchise and four members to be nominated by the Governor pursuant to para 2(1) of the Sixth Schedule tfrom among the eligible electors residing within "Mara Autonomous District Council" within the State of Mizoram. In the year 2000 AD election was held to constitute the "Mara Autonomous District Council" and the petitioners along with Mrs Sailo had been nominated as members of the said Autonomous District Council. One Shri K. Chiama, and elected member of the said ADC filed a notice of "No-confidence Motion" dated 4.12.2001 under sub-rule (1) of Rule 72 of the Mizoram Autonomous District Council (Constitution and Conduct of Business) Rules, 1974 and the Chairman fixed 6.12.2001 for discussion and voting thereon. To get rid of the anticipated fate of the No-confidence Motion, at the behest of the Chief Executive Member of the ADC the State Government processed the file hurriedly resulting in issuing of the impugned notification dated 5.12.2001 purportedly under sub-paragraph 6(A) of paragraph 2 of the Sixth Schedule, by which the tenure of the nominated membership of the petitioners have been terminated and on the following day vide another impugned notification dated 6.12.2001 the respondent Nos. 4, 5 & 6 along with Mrs. Saiio have been appointed as nominated members to the said ADC.