LAWS(GAU)-2007-1-57

MIEHLO MANASIA Vs. STATE OF MIZORAM

Decided On January 08, 2007
MIEHLO MANASIA Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) THE issue raised in this writ petition is as to whether the nominated members of the particular District Council in the State of Mizoram are entitled to vote relating to vote of confidence to be secured by the Chief Executive Member of the District Council.

(2.) THE election for the District Council viz. Mara Autonomous District Council (MADC) in the State of Mizoram was held on April, 2005 in which 22 members were elected with the following party wise break-up: Mizo National Front (MNF)- 10 indian National Congress (INC)- 04 maraland Democratic Front (MDF)- 07 independent (Mr. N. Viakhu)- 01

(3.) MR. Viakhu, the independent member on being supported by the members belonging to INC and MDF was appointed as the Chief Executive Member (CEM) vide notification dated 27. 04. 2005 (Annexure-A) issued in the name of the Governor. After such appointment of the CEM, the Executive Committee of the Council was formed with the approval of the Governor and notification to that effect was issued on 12. 05. 2005. Be it stated here that the MADC consists of 26 members of whom 22 are elected members and remaining 4 are nominated by the Governor. Such nomination is as per the recommendation of the CEM from amongst the persons having requisite qualification for being a member of the District Council. One of the 4 members so nominated by the Governor is the petitioner. Their nomination and appointment was notified vide notification dated 11. 11. 2005.