H. LALNGHAKZUALA Vs. LAI AUTO DISTRICT COUNCIL

JUDGEMENT

(1.) The four petitioners are elected Village Council Members of a village called Council Veng under Lai Autonomous District Council (LADC). By way of the present petition under Art. 226 of the Constitution of India, petitioners seek quashing of notifications dated 10.10.2012 and 10.01.2013, suspending the Village Council of the said village for a period of three months each, upto 11.04.2013. Case of the petitioners is that following elections held, they were elected as Village Council Members of the above named village in Feb., 2011. The term of the Village Council is for three years i.e. upto Feb., 2014. Respondent Nos. 3, 4 and 5 are also elected Village Council Members of the said Village.

(2.) Initially petitioner No. 2 was the President of the Village Council but following a no-confidence motion, respondent No. 5 became the President. Subsequently, as the functioning of respondent No. 5 was found not satisfactory, petitioners moved respondent No. 2 seeking leave to move a no confidence motion against respondent No. 5. As leave was not being granted, petitioners approached this Court in WP(C) No. 16/2012. During the pendency of the writ petition, respondent Nos. 1 and 2 allowed the petitioners to move the no-confidence motion against respondent No. 5. Accordingly, no-confidence motion was moved on 10.04.2012 following which 2 WP(C) No. 7 of 2013 respondent No. 5 was removed and petitioner No. 1 became the President of the Village Council. Petitioner No. 3 became the Vice President of the Village Council. In view of above development, WP(C) No. 16/2012 became infructuous and was closed as such.

(3.) It appears that within one month thereafter, the local unit of the Congress Party lodged a complaint before respondent Nos. 1 and 2 making allegations against the petitioners and seeking dissolution of the Village Council. A one member Inquiry Commission with one Shri H.C. Vanlalruatpuia as the Commissioner was appointed to look into the allegations and to submit report. He submitted report on 29.06.2012. As per report, since the Village Council had changed Presidents in the past, the present President could be changed also. He, therefore, suggested that LADC may go along with the views of the Congress unit of the said village.