SH. K.C. LALFALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard C. Lalramzauva, learned senior counsel for the petitioners. Also heard Mr. Samuel Vanlalhriata Chhangte, learned Govt. Advocate for the State respondents.

(2.) By this application under Article 226 of the Constitution of India, the writ petitioners, who are the President, Vice-President and Treasurer of the Vaitin Village Council, Vaitin have challenged the legality and validity of the impugned Notification vide Memo No. B.14017/91/2015-LAD/VC, dt. 23.6.2017, issued by the respondent No. 2- The Secretary to the Govt. of Mizoram, Local Administration Department (LAD), Aizawl, by which the Village Council of Vaitin has been suspended for a period of 3 (three) months by invoking the provision of Section 25(1) of the Lushai Hills District (Village Council) Act, 1953 (In short 'LHD(V/C) Act, 1953') and pursuant thereto, issue of the letter No. B.12018/263/2017-DLAO(A), dated 27.06.2017, by the respondent No. 3 informing the petitioners about suspension of Vaitin Village Council for a period of 3 (three) months.

(3.) The petitioners have contended that they were elected in Bye-Election held on 19.05.2016 to Vaitin Village Council. According to the petitioners, after taking over charge of the Office of the President of the said Village Council, the petitioner No. 1 had approached the Joint Director, ICAR, Kolasib, requesting him to hold training and demonstration programme of Piggery and Poultry farming for the farmers of Vaitin Village vide his letter, dated 15.5.2016, which was handed over to the said Officer on 19.06.2016. The petitioners' further contention is that subsequently, the petitioner No. 1 having realized that he had mistakenly given the date of the aforesaid letter dated 15.05.2016 instead of 15.06.2016 under his initial, issued a Corrigendum letter, dated 13.08.2016, stating that the date of the said order of his letter was wrongly shown as May, 2016, which may be read as June, 2016 and that he had inadvertently put May instead of June in the aforesaid letter.