ANIMO JEMU Vs. STATE OF NAGALAND AND ANR.

JUDGEMENT

(1.) THE above two writ petitions have been filed by the same Petitioner viz., Animo Jemu. The matter concerns election of Village Council Members and followed by election of Village Council Chairman. By notice dated 20th September, 1995, the A.D.C. Tseminyu vide No. AC -31/95 called upon the villagers to select members of the Village Council on or before 26.9.95 in accordance with the prevailing customary practices and usages. The notice further states:

(2.) MR . T. Koza, learned Counsel for the Petitioner submits that the order of removal of the Petitioner from the membership of the Village Council is not sustainable in view of the clear provision laid down in this regard in Section 9 of Nagaland Village and Area Councils Act, 1978 inasmuch as learned A.D.C. has no jurisdiction whatsoever to pass any order of removal. It is further submitted that the competent authority to exercise power in this regard is the State Govt. under the relevant provisions of law. It will be helpful to quote the entire Section 9:

(3.) FURTHER it is submitted that during the pendency of the above two writ petitions, the learned A.D.C, Tseminyu has increased the total membership of Village Council members by 3 (three). According to Mr. T. Koza such action is taken in order to defeat the claim of the Petitioner as Chairman of the Village. In regard to the increase of three additional VCMs over the already approved list of 48 members issued by the Government, a letter dated 27 June, 1996 issued by the Secretary (Home) was addressed to the A.D.C. questioning his competence in taking such action. Obviously the action of the learned A.D.C. to increase the members of Village Council is unauthorised.