B T MURRY Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. E.Y. Renthungo, learned counsel for the petitioner, Mr. N. M. Jamir, learned Government Advocate for the State respondents and Mr. L. Wabang, learned counsel for respondent No.4.

(2.) The petitioner was appointed as Chairman of Sanis Village vide Notification No. COUN-1/88-89, dated 24.3.06, pursuant to a meeting held by the entire citizens of Sanis Village, wherein the petitioner was unanimously elected/selected as the Chairman of Sanis Village and the same was approved by the competent authority. The trouble arose when respondent No. 3 forwarded an application submitted by 12 Village Council Member (VCM) of Sanis Village Council for removal of the present petitioner. Pursuant to the said complaint, the petitioner was removed from the office of the Chairman of the Village Council vide order dated 22.4.08 and on the same day by notification dated 22.4.08, the respondent No. 4 namely K. Nchumbemo Murry was declared selected/elected as Chairman of Sanis Village. The writ petitioner has challenged the said removal order and appointment of respondent No. 4 as Chairman of Sanis Village. Counter on behalf of State respondents has been filed as well as the Misc. Application No. 150(K)/08 filed by the respondent No. 4, which has been treated as counter of respondent No. 4 in this present writ petition.

(3.) I have heard the learned counsel appearing for the parties at length and also perused the case cited by the learned Government Advocate of a Division Bench of this Court as reported in Vesopa Vs. State of Nagaland, 1995 (1) GLT 455. In this reported case relied upon by the learned Government Advocate, it has been rightly held by their Lordships, that a meeting of the Village Council has to be summoned and it is in that meeting that members of the Village Council have to choose among themselves a Chairman of the Village Council.