B TSATHEO EZUNG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) THIS writ petition is directed against the letter dated 26 -04 -2011 (Annexure -E), issued by the Extra -Assistant Commissioner, Chukitong to the Deputy Commissioner, Wokha submitting the newly elected/selected Village Council Members, for short, VCMs, in respect of Koio Village along with Gaon Buras, for short, GBs, so far as it relates to selection of respondent Nos. 6 and 7 as VCMs of Ezung Clan, letter dated 12 -10 -2011 issued by the Chief Secretary to the Government of Nagaland conveying the approval of the Government to the newly elected/selected VCMs for 100 Villages in Wokha District and consequential Notification dated 14 -10 -2011 (Annexure -J) issued by the Deputy Commissioner, Wokha notifying approval of the newly elected/selected VCMs for a period of 5 (five years) from 2011 to 2015 in respect of Koio Village.

(2.) THE pleaded facts in the writ petition are that the writ petitioners belong to Ezung Clan of Lotha Naga Tribe. By a letter dated 26 -03 -2011, the respondent No.3 had directed the Head G.B. of Koio village for selection/election of new VCMs. Pursuant to such direction, a meeting of Ezung Clan was held on 16 -04 -2011 wherein the present petitioners along with Khonpenthung Ezung were selected/elected as VCMs and the list was submitted to the respondent No. 5 i.e. Head G.B, who in turn, by his letter dated 18 -04 -2011 forwarded the list of the newly elected/selected VCMs of Koio Village including the names of the petitioner to the respondent No.4 for obtaining approval of the Government. However, the respondent No.4 by the impugned letter dated 26 -04 -2011, arbitrarily replaced their names and included the names of respondent Nos. 6 and 7 as the elected/selected VCMs of the Ezung Clan. Against the arbitrary replacement of their names by the respondent No.4, the respondent No.5 had served a legal notice dated 16 -05 -2011 upon the respondent No.3 requesting him to accept the letter submitted by him. In response to the said legal notice dated 16 - 05 -2011, the Head G.B. was directed to appear before him on 20 -05 -2011 and it is stated that it was reliably learnt that the respondent No. 5 had appeared before respondent No. 3 and had explained and clarified the position of selection/election of VCMs of Ezung Clan. Thereafter, the approval of the list of VCMs was conveyed vide letter dated 12 -10 -2011. The respondent No.3 had issued a Circular on 14 -10 -2011 for conducting the election of the Village Council Chairman on 17 - 10 -2011 in the Office of the respondent No.3.

(3.) THE request for postponing the election of the Chairman made by letter dated 16 -10 -2011 till such time resolution of the dispute regarding selection/election of respondent Nos. 6 and 7 is settled was not acceded to and election was held. The petitioners and the respondent No. 5 had jointly submitted a representation dated 17 -10 -2011 to the respondent No. 2 for modification of the list of VCMs of Koio Village.