SHENGHA MOKOK VILLAGE REPRESENTED BY SHRI HONGKAI GAON BURA AND ANR. Vs. CHANH MOKO VILLAGE REPRESENTED BY SHRI WANGHONG ANGH AND ORS.

JUDGEMENT

(1.) THIS is an application under Rule 34 of the Rules for the Administration of Justice and Police in Nagaland, 1937 for short, the Rules. The facts giving rise to this petition may first be stated briefly in order that the pivotal point of statutory construction involved in the case may be properly appreciated.

(2.) THE Petitioners in this Court represent Shengha Mokok Village. There was a dispute between the Village represented by them and the adjacent village Chanah Moko represented by the opposite parties, as to the boundary between their villages. The matter came up for adjudication before the learned Deputy Commissioner, Mon, who, following the provisions of Rule 30 of the Rules, by his order passed on 24.2.81, after hearing both sides, constituted with their consent a panchayat with seven members, to arbitrate the dispute. By the same order he also directed that the panchayat shall select an umpire from among the members who shall present themselves in Court on 3.3.81. By his order passed on 4.3.81 be recorded the presence of five members of the Panchayat and also the fact that the remaining two members did not appear on that date before him. Nonetheless the learned Deputy Commissioner considering the panchayat to be duly constituted on that date informed the members present that they had to select an umpire from among themselves that they have to submit their report to the Court after the case was decided. Mr. Angami, the learned Counsel appearing for the opposite parties, has drawn my attention to the proceedings of the panchayat dated 11.5.81 on the basis of which the impugned order in this case was passed on 19.6.81 by the learned Deputy Commissioner. The proceeding is signed by five persons and the first signatory has described himself as the "Chairman" who, according to Mr. Angami, was the umpire. The decision of the panchayat about the line of demarcation between the two villages was: Mokok Nulla, joining the Tella river in the west; and that it will go up along the Nulla to Shengha Mokok village and from there to Tira Nulla and thence to Telem river on the east. On 19.6.81 the learned Deputy Commissioner passed the following order: Some panchayat members present. Angb, G. Bs of Shengha Mokok and Chenmeha appeared on 18.6.81 and 19.6.81. Panchayat decision was explained to them. Shengha Mokok and Chenmaha both expressed resentment over it and stated their respective claims as given earlier. Shengha Mokok further mentioned that the boundary given by Panchayat divides their villages. It was explained to them that if they disagree like this they may have to take oath as per their custom. Chenmeha was prepared to take oath. Shengha Mokok prepared a decision without taking oath.

(3.) THE short submission of the learned Counsel appearing for the Petitioners is that Rule 30 contains a mandatory provision and there should be strict compliance therewith and in this case there having been violations in more than one manner of the said rule the impugned decision is not sustainable in law. I may first read Rule 30 before I examine the contentions of the learned Counsel with reference to the facts placed before me. Rule 30 is as follows: