SANGRIMAWII Vs. LAI AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioners. Also heard Mr. B. Lalramenga, learned Standing Counsel for Lai Autonomous District Council (LADC) representing the respondent Nos. 1 to 3.

(2.) This is a writ petition filed by the elected members of Lungtian-I, Village Council under LADC challenging the Notification No. V.11012/5/2017-LADC/LAD dated 28.9.2017 issued by the Local Administrative Officer, LADC, whereby the Village Council was suspended for three months w.e.f. 28.09.2017 to 28.12.2017 and the consequential order issued by Local Administrative Officer being No. V.11012/5/2017-LADC/LAD dated 3.10.2017, whereby three persons were appointed to assume charge of the village administration for the period of three months.

(3.) The case of the petitioners in brief is that they were elected as Village Council members of Lungtian-I village in the election held on 25.03.2014 for a term of 5 years i.e. till the year 2019 from the date they were elected. But while they were functioning as such, with all the powers conferred on them under the Lai Autonomous District Council (Village Councils) Act, 2010, they received a notification dated 11.7.2017 issued by Local Administrative Officer, LADC stating that a One Man Inquiry Officer has been appointed to investigate on a complaint filed against them. Thereafter, they again received another notification dated 27.07.2017 stating that another officer, namely, Mr. T. Hmanghaih Johana has been appointed to continue the investigation since the earlier appointed officer could not complete his investigation. After two months, they received the impugned notifications dated 28.09.2017 and dated 03.10.2017 by which the Village Council was suspended for three months w.e.f. 28.09.2017 till 28.12.2017 and in their place, the three persons who are the respondent Nos.4, 5 and 6 in this writ petition were appointed to function as Village Council during the period of their suspension.