VETHISA LOHE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Joshua Sheqi, learned counsel for the petitioner, Mr. N. Angami, learned State Counsel for the State respondents and Ms. Nancy Lotha, learned counsel for the respondent No. 6. The parties in both the writ petitions are similar and likewise the issue involved as well. Therefore, both the writ petitions will be disposed of by this common order.

(2.) The prayer of the petitioner in WP(C) No. 169/2023 amongst others is for setting aside the Report of the Special Session in regards to Yoruba Village dtd. 17/7/2023 and the order dtd. 25/7/2023 by which he was removed from the post of Village Council Chairman of Yoruba village passed by the Deputy Commissioner, Phek, Nagaland (respondent No. 4). In WP(C) No. 338/2023, the petitioner has prayed for setting aside of the Removal Order dtd. 30/9/2023 issued by the respondent No. 4 removing him from the Village Council Member as well as from the post of Village Council Chairman of Yoruba village and also, the Corrigendum dtd. 19/10/2023 by which the Removal Order dtd. 30/9/2023 was corrected as removal of the petitioner from the Village Council Member of Yoruba village under Chozuba Sub-Division, Phek District.

(3.) Brief facts of the case as projected by the petitioner is that the petitioner and ten (10) others were elected as Village Council Members of Yoruba village for the tenure 2021-2026 and the same was approved by the State Government in the Home Department and conveyed to the Commissioner, Nagaland by the Deputy Secretary to the Govt. of Nagaland, Home Department vide letter dt. 10/6/2021. The Commissioner, Nagaland in turn communicated the said approval to the Deputy Commissioner, Phek District vide letter dtd. 14/6/2021. In the meeting of the Village Council for selection of Village Council Chairman for Yoruba Village Council for the tenure 2021-2026 held on 26/3/2021, the petitioner was elected to be the new Village Council Chairman.