Morung Express News
Dimapur | March 26
The Gauhati High Court, Kohima Bench has 'quashed and set aside' two orders passed by the Chungtia Medemchanger Putu Menden (Chungtia Village Council), which ‘temporarily’ debarred an individual from being a citizen of the village and subsequent excommunication from the village for life.
The concerned person, T Chalukumba Ao, a native of Chungtia village, contested in the 14th Nagaland Legislative Assembly election held on February 27, 2023, from the 28th Koridang Assembly Constituency under Mokokchung district.
In a writ petition, Ao challenged the orders passed by the CVC dated 16.02.2023 that debarred him from being a part of Chungtia Village temporarily on the ground that the petitioner did “not act in the best interests of the village.”
The subsequent order dated 30.06.2023 excommunicated him from “Chungtia Village citizenship for his lifetime with the allegation” that he acted in contravention of the customary practices of the CVC.
Any household that harbours/welcomes Ao within Chungtia Village would be locked, it added.
One of the considerations before the Court was whether a village institution is amenable to the writ jurisdiction under Article 226 of the Constitution of India or not.
Accordingly, after analysing the provisions of the Nagaland Village and Area Councils Act, 1978, more particularly, Section 12 and 14 as well as the provisions of the Rules for the Administration of Justice and Police in Nagaland Act, 1984, the Court concluded that the statutory laws do not recognise “any form of punishment of excommunication or banishment even for offenses involving customary laws, based on similar rulings in the past.” He also relied on previous judgement concerning similar issue.
In his ruling on March 21, Justice Manish Choudhury held that the CVC is amenable to the writ jurisdiction and does not have the power, authority, and jurisdiction to pass an “order to excommunicate and debar a native within its territorial jurisdiction either temporarily or permanently on the pretext of enforcing customary laws.”
Thus, the two orders were found to be passed in “excess of its power, authority, and jurisdiction” of CVC, the judge held after analyzing the Nagaland Village and Area Councils Act, 1978.
The orders are also found to have passed in clear violation of the principles of natural justice as the petitioner was never afforded any opportunity to represent his case before passing of the impugned orders, he added. Thus, the orders were “set aside and quashed.” The petitioner (Ao) can remain in his village, and he cannot be subject to social boycott/expulsion from Chungtia Village, as directed by the CVC, the judge added.
However, Justice Choudhury refused to act on the plea from the petitioner to direct the Deputy Commissioner, Mokokchung to initiate proper action against some members of the CVC for the orders, noting that they took the decision collectively as the members of the Council.
