Shri. Imtinungsang and 3 Ors v. The State of Nagaland and 5 Ors

ORDER Date : 20-02-2023 Heard Mr. Moa Jamir, the learned counsel for the petitioner, Ms. Supong Chang, the learned Government Advocate also heard Mr. Page No.# 3/5 Sentiyanger, the learned counsel for respondent Nos. 4, 5 and 6. The instant writ petition was filed challenging the resolution dated 28.06.2022 issued by the Longkhum Chungli, Mongsen Youth, the resolution dated 17.09.2022 issued by the Alichen Youth and the resolution dated 22.10.2022 passed by Alichen Council . All the resolutions were passed in support of an intending candidate in the forthcoming Nagaland Legislative Assembly Elections in regard to 28 Koridang Assembly Constituency. By the order dated 14.02.2023 passed by this Court, the Deputy Commissioner, Mokokchung was directed to make an enquiry as to whether the impugned resolutions were still in operation and if so to take necessary action against the organizations/groups responsible for adopting the impugned resolutions as per law. It was further directed that the Deputy Commissioner, Mokokchung shall furnish the action taken report positively before this Court on 21.02.2023. Today, when the matter is listed, Ms. Supong Chang has placed a copy of the letter dated 18.02.2023, written by the Deputy Commissioner, Mokokchung to the Government Advocate, Gauhati High Court, Kohima Bench enclosing the order dated 15.02.2023 issued by the Deputy Commissioner, Mokokchung declaring the three impugned resolutions as null and void and also directing the Chairman, Longkhum Village Council and Chairman/Vice-Chairman Alichen Town Council/ Alichen Urban Station Committee to appear before the Deputy Commissioner on or before 17.02.2023, with a written submission as to why action should not be taken against them as per law. Consequent to the order dated 15.02.2023 passed by the Deputy Commissioner, Mokokchung, the Vice-Chairman, Page No.# 4/5 Alichen Council and others have submitted the letter dated 17-02-2023 to the Deputy Commissioner, Mokokchung withdrawing all the three impugned resolutions. Mr. Sentiyanger, the learned counsel representing the respondent Nos. 4, 5 and 6 has also taken this Court to the affidavit filed by the said respondents and bringing to the notice of this Court, the decision taken by the Longkhum Youth & Longkhum Chungli, Mongsen Clans dated 14.02.2023, Alichen Youth dated

13.02.2023 and Alichen Executive Committee dated 13.02.2023, all of which relates to the withdrawal of the impugned resolutions adopted by the respondent Nos. 4, 5 and 6, which is under challenge in the present writ petition. Mr. Moa Jamir, the learned counsel for the petitioner submits that in view of the various resolutions adopted by the respondent Nos. 4, 5 and 6 withdrawing the impugned resolutions dated

28.06.2022, 17.09.2022 and 22.10.2022 and in view of the order dated 15.02.2023 passed by the Deputy Commissioner, Mokokchung and the letter dated 17.02.2023 submitted by the Alichen Council to the Deputy Commissioner, Mokokchung withdrawing the impugned resolutions, the writ petition may be closed but with a strict observation to the respondent Nos. 4, 5 and 6 not to adopt such resolutions in future which infringes the rights of the citizens to a free and fail election. In view of the submissions made by the parties and on perusal of the order dated 15.02.2023 passed by the Deputy Commissioner, Mokokchung as well as the affidavit filed by the respondent Nos. 4, Page No.# 5/5 5 and 6 withdrawing the impugned resolutions, this Court is of the view that it will be pointless to keep the writ petition alive. This Court therefore deems it proper to close the writ petition with a direction that in future and till the election process of the ensuing Assembly elections are over, the respondent Nos. 4, 5 and 6 shall not resort to such actions or adopt any resolution which is against the law and which would obstruct free and fair elections. The writ petition accordingly stands disposed.

Sd/-

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC020000312023 2222222 222222222222222 2222222222222222THE(GAUHATI(HIGH(COURT (HIGH(COURT(OF(ASSAM,(NAGALAND,(MIZORAM(AND(ARUNACHAL PRADESH) KOHIMA(BENCH Case(No.(:(WP(C)(11/2023 1:SHRI.2IMTINUNGSANG2AND232ORS SON2OF2TOUPONGMEYU,2PERMANENT2RESIDENT2OF2HOUSE2 NO.237,2ALICHEN2URBAN2STATION,2MOKOKCHUNG2NAGALAND, 2ENROLLED2AT2SL.2NO.2205,2PART2NO.262FOR2THE228TH2 KORIDANG2(ST)2ASSEMBLY2CONSTITUENCY2NAGALAND 2:2SHRI.2WATICHINA 2SON2OF2LATE2MOABA 2PERMANENT2RESIDENT2OF2LONGKHUM2VILLAGE 2MOKOKCHUNG2NAGALAND 2ENROLLED2AS2AN2ELECTOR2UNDER228TH2KORIDANG2(ST)2 ASSEMBLY2CONSTITUENCY2NAGALAND 3:2SHRI.2IMKONG2L.2IMCHEN 2SON2OF2LATE2LONGRISANGBA2IMCHEN 2A2RESIDENT2OF2H.NO.2183-B 2MANGMETONG2VILLAGE MOKOKCHUNG.2BJP2CANDIDATE2FROM228TH2KORIDANG2A/C2FOR2 THE2UPCOMING214TH2NAGALAND2LEGISLATIVE2ASSEMBLY2 ELECTION.22023 4:2SHRI.2M.2WABANGTEMJEN 2S/O2MEDEM2AO 2PERMANENT2RESIDENT2OF2H.NO.264 2ONGPANGKONG2COMPOUND 2KHENSA2VILLAGE 2MOKOKCHUNG 2ENROLLED2AT2SL.2NO.2155 2UNDER2PART21 2FOR228TH2KORIDANG2(ST)2ASSEMBLY2CONSTITUENCY 2NAGALAN Page No.# 2/5 VERSUS 1:THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER NAGALAND KOHIMA 3:THE DEPUTY COMMISSIONER MOKOKCHUNG NAGALAND 4:THE LONGKHUM VILLAGE COUNCIL THROUGH ITS CHAIRMAN MOKOKCHUNG NAGALAND 5:THE ALICHEN TOWN COUNCIL/ALICHEN URBAN STATION COMMITTEE MOKOKCHUNG DISTRICT NAGALAND THROUGH ITS CHAIRMAN/VICE CHAIRMAN 6:SHRI. I TALITSUBA IMCHEN S/O LATE IMKONGMEREN R/O H.NO. 310-A LONGKHUM VILLAGE MOKOKCHUNG NAGALAND Advocate for the Petitioner : MOA JAMIR Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA