CHANG KONG AND ANR. Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) THE two Petitioners have challenged the order of the Deputy Commissioner, Tuensang, dated 7.10.80 by which he notified the appointment of four persons as nominated members of the Tuensang Town Committee. This had been done in supersession of an earlier order dated 16.9.80 by which the Petitioner No. 2 had been appointed as one of the nominated members. It may be stated that Petitioner No. 1 is an elected member of the Town Committee. Subsequent to the aforesaid order of 7.10.80, a meeting of the Town Committee was held on 6.11.80, which elected Respondent No. 7 as the Vice -Chairman of the Town a Committee. The prayer in this petition under Article 226 of the Constitution is to quash the order of 7.10.80 as well as to declare the election of Respondent No. 7 as Vice -Chairman to be illegal.

(2.) THE infirmity to the order of 7.10.80 alleged by the Petitioners relates to violation of Rule 5 of the Naga Hills District (Constitution of Town Committees) Rules, 1954 (hereinafter called the Rules). To appreciate the challenge, we have to read rules 4 and 5.

(3.) AS In this case the increase in number was admittedly not gazetted either before or even simultaneously of the appointment of the four persons in question, the nomination cannot be upheld and the same is therefore set aside. The meeting of 6.11.80 which elected Respondent No. 7 was held with the persons nominated vide order dated 7.10.80. But that is not valid in the eye of law. The result is that there was no valid Constitution of the Town Committee by 6.11.80. As such no meeting could have been held on that day to elect a Vice -Chairman as contemplated by Rule 8(1) of the Rules. The election of Respondent No. 7 as Vice -Chairman is the meeting of 6.11.80 bad thus no force of law and the same has therefore to be set aside.