CHAWNGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This application under Article 226 of the Constitution has been filed by Shri C. Chawngliana assailing the notifications issued by the Governor on 14.7.1997 and 25.7.1997 on the ground of being ultra vires of the provisions of Sections 7 and 15 of the Lushai Hills District (Village Councils) Act, 1953.

(2.) I have heard Mr. H. Lalrinthanga, Learned Counsel for the petitioner as well as Mr. K.P. Pathak, Learned Advocate General assisted by Mr. N. Sailo, Learned Government Advocate, Mizoram. The factual background which culminated in this writ petition may be summarised in the following words.

(3.) The election to the post of Acting President of Pangzawl Village was held on 6.5.97. All the 5 (five) elected members of the Village Council cast their votes and the petitioner who was one of the candidates pulled 3 (three) votes against 2 (two) votes pulled by the Respondent No. 3. But the State Government nominated one Shri Lianzuava as a member of the Village Council and, thereafter, issued the notification dated 14th July, 1997 (Annexure - III) appointing Shri R. Rothangpuia as the President although he had pulled only 2 (two) votes. According to the writ petitioner, the said notification purportedly issued under Section 7 and Section 15 of the Act of 1953 is in gross violation of the provisions embodied in Section 7 itself and as such the said notification cannot be sustained.