Morung Express News
Dimapur | October 5
The matter of ‘excommunication’ concerning a former candidate from the 2023 State Assembly elections continues to persist in the Gauhati High Court Kohima Bench (GHCKB), with a latest contempt petition filed before the Court on October 3, alleging violation of the judgment and order dated March 21, 2024.
Among other things, the March 21 verdict quashed and set aside two orders passed by the Chungtia Village Council (CVC), which ‘temporarily’ debarred an individual from being a citizen of the village and resulted in subsequent excommunication from the village for life.
The Court also stated that the individual cannot be “subject to social boycott/expulsion from Chungtia Village,” as directed by the CVC. One of the considerations before the Court was whether a village institution is amenable to writ jurisdiction under Article 226 of the Constitution of India.
After analyzing the provisions of the Nagaland Village and Area Councils Act, 1978, particularly Sections 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 recognize “any form of punishment of excommunication or banishment, even for offenses involving customary laws,” based on similar rulings in the past.
Meanwhile, as per the Court’s order, during the hearing on October 3, claims and counterclaims were made by the counsels for the parties regarding compliance with the March 21 ruling.
The counsel representing the CVC Chairman also submitted that, to demonstrate compliance with the March 21 order, he would advise the council to write a letter to the Kohima Chungtia Senso Telongjem (KCST) to allow the petitioner to participate in the social programs and meetings of the villagers conducted under the aegis of the KCST.
Additionally, he will advise the CVC/KCST to allow the petitioner to subscribe to the annual membership fee of the village and file an affidavit to that effect on the next date, the counsel added.
In view of this submission, Justice Kakheto Sema listed the matter for further hearing on October 24 to allow the CVC counsel to file the necessary affidavit.
