NELSON SAILO,J. - (1.)Heard Mr. H. Rahman, learned counsel for the petitioners, Mr. Moa Imchen, learned Senior Govt. Advocate appearing for the State respondent Nos. 1 to 8 and Mr. Senti-yanger, learned counsel appearing for the private respondent No. 9 to 22.
(2.)By filing this writ petition, the petitioners have challenged the communication dtd. 25/4/2022 (Annexure - VII) by which the State Government in the Home Department communicated the approval of the State Government on the updated list of Village Council members of Nokyang village and also the disqualification of its Village Council members to the Commissioner, Nagaland, Kohima. The petitioners have also challenged the appointment order of the respondent No. 9 issued on 8/6/2022 (Annexure - VIII) by the Deputy Commissioner, Mon District appointing the respondent No. 9 as the Village Council Chairman of the Nokyang village for the tenure 2021 - 2026 with immediate effect.
(3.)Brief facts of the case as projected by the petitioners is that as the tenure of the incumbent members and Chairman of Nokyang Village Council was due to expire, selection of new members was required to be made for the tenure 2021 to 2026 and for that a meeting was scheduled on 28/3/2021. However, the meeting was rescheduled for 8/4/2021 on account of the appeal made by the public so as to drop some of the Village Council members from the respective Morung (Sector). As scheduled, the meeting was held on 8/4/2021 wherein, 4 names were drop from Amayong Morung and likewise, 5 names were drop from Thamseayong Morung. After dropping the 9 names, as many as 18 names were shortlisted and selected as Village Council members. The 18 names were sent to the State Government for approval and accordingly, vide communication dtd. 17/6/2021 (Annexure - II), the 18 names were approved as Village Council members of Nokyang village. From amongst the 18 names, the name of Sh. Ponwang Konyak was selected by the Village Council members as the Chairman of the Village Council.