HC directs Nagaland Government on obstruction of candidates by VCs

Morung Express News
Dimapur | February 14

A judgment and order from the Gauhati High Court, Kohima Bench has directed the Nagaland State Government to ensure that candidates contesting in the Nagaland State Legislative Assembly election 2018 be allowed to enter their native village without any obstruction.  

The candidates in question alleged they were not allowed to enter their respective village and residential premises by the village councils because the villages in question have reportedly resolved to support other intending candidate to contest in the election.  

In the case of the complaint filed by Mayang Lima, a candidate of the Nationalist Democratic Progressive Party (NDPP) contesting for the 22-Arkalong Assembly Constituency under Mokokchung district, the Gauhati High Court, Kohima Bench in its judgment on Wednesday directed the Nagaland Government to ensure that the petitioner (candidate) is allowed to enter his village.  

According to the contents of the court order, the complainant, who is a native of Chuchuyimlang village, alleged he has been obstructed from entering into his own village and residential premises.  

Following this, the candidate had filed a complaint to the Chief Electoral Officer, Nagaland and Deputy Commissioner, Mokokchung. An FIR was also filed at Changtongya Police Station.

  In this connection, the court in its judgment and order directed the Nagaland Government to investigate into the allegation made by the candidate (petitioner) while also reminding that the responsibility and maintenance of law and order lies primarily with the government.  

It also pointed out that Article 21 of the Constitution directs that “no person shall be deprived of his life or personal liberty except according to procedure established by law.” Further, “no person has right to restrict the movement of another unless the power to do the same is given as per law,” the court pointed out.  

Meawnhile, sources informed that similar judgment was also made by the High Court, regrading the case of James Imtikumba Yaden, a candidate contesting from 21 Tuli A/C, who also petitioned the court alleging that he was being obstructed from entering his native village Merangkong.