JOYTIR MOY CHAKMA Vs. CHAKMA AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) Heard Mr. Lalremtluanga, learned counsel for the petitioners. Also heard Mr. A.K. Rokhum, learned Standing counsel for the respondent Nos. 1 & 2.

(2.) The petitioners counsel submits that election to 78 Village Councils were held in the Chakma Autonomous District Council area on 25.2.2015. In respect of the Election for the 7 (seven) Village Councils seats at Baganpara, the INC had won 3 (three) seats while the BJP had won 4 (four) seats. The petitioners counsel submits that as the BJP had secured the majority of seats in the Village Council, the State respondents should have called upon the petitioners, who are the 4 (four) elected BJP Village Council Members, and the 3 (three) INC members to elect the President of the Village Council of Baganpara, Village Council.

(3.) The petitioners counsel submits that prior to the election of the President of the Village Council, the Chief Executive Member of the Chakma Autonomous District Council (CADC) issued a Notification dated 4.3.2015, wherein the respondent Nos. 6 and 7 were appointed as Nominated Members of the Baganpara Village Council under Section 3 (4) of the Chakma Autonomous District Council (Village Councils) Act, 2003, herein after referred to as 2003, Act. The respondent Nos. 5 and 6 were nominated to hold Office at the pleasure of the Executive Committee for a period of 5 years from the date of the first meeting of the Village Council.