TSUKJEM JAMIR Vs. STATE OF NAGALAND AND ORS
LAWS(GAU)-1994-2-25
HIGH COURT OF GAUHATI
Decided on February 22,1994

Tsukjem Jamir Appellant
VERSUS
STATE OF NAGALAND And ORS Respondents

JUDGEMENT

- (1.)In this writ petition, the resolution dated 28th December, 1992 passed in the 42nd Khar Senso Mongdang (Khar Citizen Meeting) has been assailed. The following resolution was passed by the Khar Senso Mongdang on 28 December, 1992:
(i)That the Declaration made by Khar Village Council on 13th December 1992 to have free and fair election under the force influence using the name of Benganglen Alir Khar Senso Telongjem (''Khar citizens staying outside Khar Village'') is rejected and not accepted by the ''Khar Senso Mongdang.''

(ii) The Resolution made on 1st May 1987 by the Khar citizens (Khar Senso Mongdang) to set up a candidate for the Nagaland Legislative Assembly is to be continued and re-affirmed again that the same candidate is to be contested in the corning election too in the name of Khar Villagers, from whatsoever party the candidate is, That the citizen in and outside of the Khar villages that those who break the above resolution shall be imposed suitable punishment on him/her.

(iii) Resolved that Mr. Tsukjem Jamir who had published in the Nagaland Post Newspaper taking the name of convenor by himself of ''Bendangen Alir Senso Telungjem'' (Khar citizen staying outside the village) should withdraw on or before 15 January 1993 and this task had entrusted to village council. The village council is entrusted to impose a fine of Rs. 5000/- the name of Senso Mongdang if he does not withdraw in given time.

(R. Lima) (T. Kikaba) Chairman Secretary Khar Senso Mongdang Khar Senso Mongdang

(2.)The above resolution passed by the Khar Sense Mongdang was challenged on the ground that it violates the citizens rights of franchise and democratic process of free and fair election.
(3.)I have heard Mr. R.S. Bedi, learned Counsel for the Petitioners as well as Mr. I. Jamir, learned Counsel for the Respondents.


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