LALRINAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalfakawma, learned counsel for the petitioners and Mrs. H. Lalmalsawmi, learned Government Advocate for the respondent Nos. 1, 2 and 3. None appears for the respondent Nos. 4 and 5 despite service of notice. Also heard Mr. C. Zoramchhana, learned counsel appearing for the respondent Nos. 6 and 7.

(2.) By filing this writ petition, the petitioners have challenged the Notification dtd. 2/5/2022 by which, Keifang Venglai Village Council has been dissolved with effect from the date of the notification. The petitioner has also challenged the findings/observations/directions dtd. 18/2/2022 (Annexure-7) of the Ombudsman in Complaint No. 42/2022 recommending dissolution of the Village Council and for establishment of Advisory Board till fresh election of the Village Council is held. The petitioners have also challenged the show-cause notice dtd. 10/3/2022 (Annexure-8) issued to them by the respondent pursuant to the award passed by the Ombudsman, the Notification dtd. 2/5/2022 (Annexure-10) by which the Village Council was dissolved and also the Order dtd. 24/5/2022 (Annexure-11) of the respondent No. 1 constituting the Keifang Venglai Village Advisory Board.

(3.) Brief facts essential for disposal of the writ petition may be noticed at the outset. By notification dtd. 22/11/2019, the Keifang Village Council as it existed then was trifurcated into Keifang Venghlun Village Council, Keifang Venglai Village Council and Keifang Leitan Village Council. Pursuant to the said notification, election to the three Village Councils was held on 27/8/2020 and results declared on the same day. The petitioners were elected to the newly created Keifang Venglai Village Council and thereafter, amongst themselves they elected the President, Vice-President and Treasurer of the Village Council. The petitioner No. 1 was elected as the President, the petitioner No. 2 as Vice President, the petitioner No. 3 as Treasurer and the petitioner Nos. 4 and 5 as Members of the Village Council.