CHONCHITHUNG NGULLIE Vs. STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) I have heard Mr. T. Koza, learned Counsel for the petitioner as well as Mr. E. Y. Renthunga, learned Junior Government Advocate for the respondents 1 and 2.

(2.) Petitioner was Gaon Bora (GB) in Niroyo Village. He was also functioning as Village Chairman of Niroyo Village by virtue of being ex-officio member of the Village Council. He was discharged from the GB post by an order dated 23rd Sept., 1996 passed by the 2nd respondent on his conviction of fine of Rs. 1,000.00 for wilful violation of the DB's Court order dated 1-8-96. He was also removed from the Chairmanship of the Village Council by an order dated 30th Oct., 1996. The 3rd respondent has been appointed as Chairman of Niroyo Village purportedly on being selected by the Village Council Members.

(3.) It is contended by Mr. T. Koza that impugned order dated 23rd Sept., 1996 is liable to be set aside because the same has been passed without affording an opportunity of hearing to the petitioner. It is further contended by Mr. T. Koza that no show cause notice has been served upon the petitioner before the impugned order has been rendered and as such the impugned order dated 23rd Sept., 1996 discharging the petitioner from the GBship is violative of the principle of natural justice. I am unable to accept this contention of Mr. T. Koza, learned Counsel for the petitioner.