YITSABEMO ODYUO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a writ petition filed under Article 226 of the Constitution of India praying for quashing and setting aside the impugned Order No. COUN-1/2010- 11/158-3, dated 27.09.2016, passed by the Deputy Commissioner, Wokha, revoking the Order No. COUN-1/2010-11, dated 23.09.2016, passed by himself wherein the petitioner s election/selection as a Chairman of Yanthamo Village Council in Wokha district was notified.

(2.) The case of the petitioner as submitted by his learned counsel Mr. Lhusisato Iralu is as follows:

(3.) As per the notice or the order, the election was held on 09.09.2016 to elect/select the Village Council Chairman of Yanthamo Village between the two contestants namely, Mr. Yistabemo Odyuo and one Mr. Jenisao Ngullie. In the election, Mr. Yitsabemo Odyuo, (the petitioner) was elected as he got 20 votes out of 34 votes. On the same day the election was held, the Head G.B submitted a report to the Deputy Commissioner, Wokha (the respondent No. 4) and the same was received by the Deputy Commissioner, Wokha, who then issued an Order No. COUN-1/2016-11, dated 23.09.2016, notifying that the petitioner has been elected as Chairman of Yanthamo Village for a term of 5 (five) years i.e. 2016-2020 w.e.f from the date of issue of the order. However, the Deputy Commissioner, Wokha on 27.9.2016, issued the impugned order (at Annexure- G of the writ petition) thereby revoking the earlier order dated 23.09.2016, issued by him until further order. Aggrieved by this second order issued by the Deputy Commissioner, Wokha, the petitioner has approached this Court for quashing and setting aside the same.