HC suspends village council resolution expelling villager for 30 years

DIMAPUR, OCTOBER 26: The Kohima Bench of the Gauhati High Court has kept in suspension until further orders the declaration dated October 12, 2023 by the Village Council Yimjenkimong (Sungsama) expelling a villager and his family from the village for a period of 30 years (one putu).

The Court also suspended the decision of the Village Council Yimjenkimong dated December 16, 2021, the Resolution dated October 5, 2023, adopted by the Sungsama (Yimjenkimong), and the summon dated October 14, 2024, issued by the District Head Dobashi, Mokokchung, until further orders of the Court.

The Court was hearing a writ petition (C) filed by the expelled villager.

According to Court documents, the case pertains to a land dispute between the petitioner and another villager. Hearing the dispute, the Yimchenkimong village council by an Order dated December 16, 2021 had imposed a fine of one pig to the petitioner.

Being aggrieved, the petitioner submitted an application dated August 2, 2023, to the Additional Deputy Commissioner, Mangkolemba, Mokokchung. Consequent thereto the Sungsama (Yimjenkimong) adopted a Resolution dated October 5, 2023, wherein it was resolved as that the petitioner “has acted contrary to the customs and traditions of the villagers. Now it was resolved that he must withdraw the petition which he has submitted to the Additional Deputy Commissioner, Mangkolemba, by the October 10, 2023 and submit before the Sangsama.”

If the petition is not withdrawn by the fixed date, the petitioner and his family will be expelled from the village for 30 years, it was resolved. “During the period of expulsion, he and his family members will not set foot on the soil of Yimjenkimong. That, the villagers will not be responsible if any untoward incident happen to him and his family members while setting foot on the soil of Yimjenkimong during the period of expulsion.”

Thereafter the Sungsama (Yimjenkimong) again adopted the Resolution dated October 12, 2023 expelling the petitioner from the village for a period of 30 years (one putu) as he failed to withdraw the petition submitted to ADC Mangkolemba till the expiry of the deadline.

“During that period, he and his family shall not step onto the soil of the village. If they are caught on village soil heavy punished will be inflicted. Before completion of the 30 years period if he comes to realization and wish to return to the village he shall pay fine of 3 (three) huge pigs and recover all expenditures incurred in the case after which he shall be allowed entry into the village. If any person is found to have violated this declaration the Sungsama shall mete out appropriate punishment”, the resolution read.

In the writ petition, the petitioner has also impugned the summon dated October 4, 2024 issued by the District Dobashi’s Office, Mokokchung, summoning the petitioner to appear before the Court on October 22, 2024.

Issuing notice to the respondents, which includes the Government of Nagaland, the Commissioner Nagaland, DC, Mokokchung, ADC, Mangkolemba, village council Yimchenkimong; Sungsama (Yimjenkimong) and the villager the petitioner is in land-dispute with, returnable after 4 weeks, Justice Kakheto Sema in an order issued on October 25 suspended the resolutions and declaration by the Sungsama in the interim until further orders of the Court.

The order also kept open the issue as to whether the Dobashi’s Court has the jurisdiction to sit in appeal over the decision passed by the Village Council even on endorsement by the Deputy Commissioner/Additional Deputy Commissioner.

(Page News Service)