T. CHALUKUMBA AO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been preferred by the writ petitioner to assail two orders - Order dtd. 16/2/2023 and Order dtd. 30/6/2023 - passed by the respondent no. 4, that is, the Chungtia Medemchanger Putu Menden, District - Mokokchung. The petitioner has also prayed for a direction to the respondent no. 3, that is, the Deputy Commissioner, Mokokchung to initiate proper action against the respondent nos. 5 to 18 as provided under the law. The respondent nos. 5 to 18 are members in the Chungtia Medemchanger Putu Menden, that is, the respondent no. 4.

(2.) By the Order dtd. 16/2/2023, the respondent no. 4 had inter alia debarred the petitioner from being a part of Chungtia Village temporarily on the ground that the petitioner did not act in the best interests of the Chungtia Village. By the subsequent Order dtd. 30/6/2023, the petitioner was excommunicated from Chungtia Village citizenship for his lifetime with the allegation that the petitioner had acted in contravention of the customary practices of the Chungtia Medemchanger Putu Menden. The Order dtd. 30/6/2023 passed by the respondent no. 4 was published in a local newspaper, Tir Yimyim in its issue dtd. 2/7/2023, for wide publicity.

(3.) The petitioner has asserted that he is a native of Chungtia Village under District - Mokokchung and belongs to Scheduled Tribe. In order to stand in the General Election to the Nagaland Legislative Assembly, held on 28/2/2023, as a Member of Legislative Assembly [MLA] from the 28thKoridang Assembly Constituency, the petitioner submitted his nomination papers as a Janata Dal [United] candidate. The petitioner was found himself aggrieved by the alleged action of the respondent no. 4, when he was not extended similar benefit like another candidate who stood against the petitioner in the same General Election. Though many other aspects are mentioned in the writ petition, the same are found not necessary to reproduce herein, save and except the relevant facts. But in the Election, the petitioner did not emerge as the returned candidate.