LAWS(GAU)-2013-1-89

LIBEMO JAMI Vs. STATE OF NAGALAND

Decided On January 18, 2013
Libemo Jami Appellant
V/S
STATE OF NAGALAND Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the letter dated 05 -05 -2011 issued by the Extra -Assistant Commissioner, Changpang (Annexure -1) declaring the respondent No. 8 as the Village Council Member of Lio - Longidang Village.

(2.) HEARD Mr. N. Luikham, learned counsel for the petitioner. Also heard Mr. N.M. Jamir, learned State Counsel appearing for the State respondents. As agreed to by the learned counsel for the parties, the matter is taken up for disposal at 'order' stage. None appears for respondent Nos. 6 to 8 despite service of notice. The learned counsel for the parties submit that the matter should have been listed for admission hearing instead of listing it in the 'order'column.

(3.) THE case of the petitioner is that he belongs to Jami Clan and he is a resident of Lio -Longidang Village. In terms of the direction contained in the order dated 26 -03 -2011 of the Deputy Commissioner, Wokha i.e. the respondent No.3, directing selection/election of Village Council Members,for short, VCMs, within 15 -04 -2011, a meeting of the Jami Clan was held on 06 -04 -2011, which was chaired by the respondent No.7, who is the Gaon Bura (G.B) of Jami Clan to select one VCM from their clan. It is stated that there are 16 house holds of Jami Clan in the Village. In the said meeting it was decided unanimously that the Clan G.B will cast his vote only in case of a tie and that one vote will be counted from each household.