RUKHRIELHOULIE THEPA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zho, learned counsel for the petitioners. Also heard Mr. K. Angami, learned Government Advocate appearing for the State respondent Nos. 1 to 4 as well as Mr. Kekhriengulie, learned counsel appearing for the respondent Nos. 5, 6 and 7.

(2.) The present writ petition has been filed challenging the forwarding letter dated 15.04.2016 written by the Additional Deputy Commissioner, Chiephobozou and the approval of the Government dated 16.09.2016 of new Village Council Member (VCM) in respect of respondent Nos. 5, 6 and 7 of Tsiemekhuma Basa Village under Kohima District, Nagaland.

(3.) It is the case of the petitioners that the E.A.C, Botsa by letter dated 07.03.2016, submitted a report on the election/selection of VCM in respect of Tsiemekhuma Basa Village wherein, the names of the petitioners were included as VCMs. However, the names of the petitioners were dropped in the level of the Additional Deputy Commissioner, Chiephobozou as indicated in the forwarding letter dated 15.04.2016. The alteration of the names of the VCMs in respect of the Tsiemekhuma Basa Village at the level of Additonal Deputy Commissioner, Chiepho-bozou was not known to the petitioners. Thereafter, the Deputy Commissioner, Kohima by letter dated 19.09.2016 had conveyed the approval of the newly selected/elected VCMs under Kohima District including the Tsiemekhuma Basa Village. The Government by its approval dated 16.09.2016 had approved four names of the new VCMs in respect of Tsiemekhuma Basa Village. However, out of the four names, it is alleged that three VCMs were never selected/elected by the clan members and that they are not the resident of Tsiemekhuma Basa Village. The three VCMs are the private respondent Nos. 5, 6 and 7 in the present writ petition. Therefore, the Head GB and another GB of Tsiemekhuma Basa Village made a complaint against the selection of the respondent Nos. 5, 6 and 7 as VCMs of Tsiemekhuma Basa Village before the Extra Assistant Commissioner, Botsa on 03.10.2016. Further, the present petitioners along with one Keviso Metha had also made a representation against the selection of VCMs before the Deputy Commissioner, Kohima on 08.03.2016.