H. LALRAMDINHLUNA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R Malhotra, the learned counsel for the petitioners. Also heard Mr. C. Zoramchhana, learned Addl. Advocate General appearing for the respondent Nos. 1 & 2. Mr. B. Lalramenga, the learned counsel appears for respondent No. 3.

(2.) This is a writ petition filed by 3 (three) nominated Members of Lai Autonomous District Council (LADC, challenging the Letter dated 03.04.2007, issued by the Under Secretary to the Government of Mizoram, District Council & Minority Affairs Department vide Memo No. C.11018/1/99-DCA, addressed to the Secretary to the Lai Autonomous District Council, Lawngtlai and the Notification dated 07.08.2019 issued by the Secretary to the Govt. of Mizoram, District Council & Minority Affairs Department, which states that the nominated Members of the Lai Autonomous District Council shall not have any voting rights in any No-confidence Motion or Confidence Motion or Election in respect of Chief Executive Member of the Lai Autonomous District Council.

(3.) Before taking up the issue in hand, a few facts may be reflected to help in deciding the subject matter in issue. This matter pertains to the Lai Autonomous District Council (LADC in short), in the State of Mizoram, which has been constituted under Para 2 of the 6 th Schedule to the Constitution and the Lai Autonomous District Council (Constitution, Conduct of Business, Etc) Rules, 2010, which has been made under Para 2(7) of the 6th Schedule. It specifically pertains to whether nominated members of the LADC can have any voting right in the No-confidence Motion moved/tabled against the Chief Executive Member (CEM for short) or the Executive Committee (EC for short) of the Lai Autonomous District Council, hereinafter referred to as the "LADC", which is in the State of Mizoram. In pursuance to the election held for being a member of the LADC, out of the 25 seats for elected members, the following seats were bagged by the following parties: