Morung Express News
Kohima | February 2
The Gauhati High Court Kohima Bench has set aside an order issued by the Deputy Commissioner (DC) of Wokha, which appointed two individuals to the Yimkha Village Development Board (VDB) Management Committee.
The order, issued on November 8, 2023, appointed the two individuals instead of the representatives nominated by their respective clans. The appointment was challenged in a writ petition, where the petitioners claimed that the appointees did not have the support of the majority of their respective clans.
According to the court's January 30 judgment, the Yimkha Village Council (YVC) had announced the selection/election of VDB members on September 28, 2023. Following this, different clans nominated their representatives, and the petitioners, representing the Ezung and Yentso Ngullie clans, were selected by their clans during separate clan meetings on the same date.
Although an election had been scheduled for September 28, it could not be held because the individuals who had the support of the majority of clan members were not selected.
In their plea, the petitioners alleged that the YVC Chairman had "favoured" the two appointees and illegally selected them, calling the selection an "arbitrary decision" and the DC's notification "illegal."
The State respondents, on the other hand, argued that, according to the Village Development Model Rules, 1980 (Revised), any dispute regarding the interpretation of the rules should be settled by the DC or Additional DC, with their decision being “final, subject to the approval of the Government.”
After considering the submissions from both sides, Justice Parthivjyoti Saikia noted that there was no dispute regarding the selection of clan representatives to the VDB. Both petitioners claimed to have the majority support of their respective clans, while the two appointees did not. "In a democratic country, the number game plays an important role. Whoever has the highest support wins," the judge said.
Justice Saikia further observed that the YVC Chairman’s decision to nominate the two individuals was not supported by any evidence showing they had the majority support of their clans.
While acknowledging that the DC's or ADC's decision may be final, the judge emphasised that such a decision must be reasonable under the law.
The DC or ADC should not be solely guided by the Chairman’s advice, the judge added.
As a result, the Court ruled that the November 8 order passed by the DC Wokha was not legally acceptable and set aside the selection/election of the two appointees. Instead, the DC Wokha was directed to investigate whether the petitioners or the appointees had the majority support of their respective clans.
If the petitioners are found to have the majority support, they will be appointed as VDB members. However, if the appointees have the majority support, they will remain as VDB members as per the November 8, 2023 notification, the court added.
The appointment, thus was, kept in abeyance until the DC Wohka completes the inquiry.
