Morung Express News
Dimapur | February 20
The election-related resolutions adopted by three organisations in support of a particular candidate contesting under the 28 Koridang Assembly Constituency (AC) have been withdrawn, the Gauhati High Court Kohima Bench was informed on Monday.
The court was resuming the hearing of a writ petition challenging the three resolutions – the first passed by Longkhum Chungli, Mongsen Youth on June 28, 2022; the second by Alichen Youth dated September 17, 2022; and the third passed by Alichen Council dated October 12, 2022.
As per Court’s record, the three resolutions were passed in support of an intending candidate from 28 Koridang AC, I Talitsuba Imchen in the forthcoming general election to 14th Nagaland Legislative Assembly on February 27.
Accordingly, the resolutions were challenged in the Kohima Bench contending that resolutions adopted by the three organisations were “against the constitutional rights of the people of the State, more particularly of the Electorate of the Longkhum Village and Alichen Village, to a free and a fair election.”
When the matter was first heard on February 14, the single-bench bench of Justice Kakheto Sema while issuing an interim stay, observed that the resolutions prima facie were “illegal and unconstitutional as it interferes with the rights of the Electorate of 28 Koridang Assembly Constituency, more particularly of Longkhum Village and Alichen Village to a free and fair election.”
The Deputy Commissioner Mokokchung, accordingly, was directed to make an enquiry as to whether the impugned resolutions were still in operation.
If so, the DC was tasked to take necessary action against the organisations/groups responsible for adopting the resolutions as per law, the order said, further directing the DC was to furnish an action taken report positively before the Court on February 21.
When the matter was heard on February 20, a letter dated February 15 written by the DC Mokokchung to State Government Advocate, HC Kohima Bench was placed before the Court, which among others, declared the three resolutions as “null and void” and also directed the Chairman, Longkhum Village Council and Chairman/Vice-Chairman Alichen Town Council/ Alichen Urban Station Committee to appear before the DC on or before February 17.
Consequently, the Vice-Chairman, Alichen Council and others have submitted a letter dated February 17 to the DC Mokokchung withdrawing the three resolutions.
The counsel for the respondents also informed the Bench of the decisions taken by the three organisations regarding the withdrawal of the resolutions and disposal of the petition.
To this, the counsel for the petitioners submitted that the writ petition may be closed but with a strict observation that no such resolutions should be adopted in future.
In view of the submissions, Justice Sema disposed off the petition with the direction that in future and till the election process of the ensuing Assembly elections are over, the respondents 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.”
In the upcoming elections, the 28 Koridang AC is set for a high-voltage four-cornered contest comprising of I Talitsuba Imchen (Independent); Imkong L Imchen (Bhratiya Janata Party); T Chalukumba Ao (Janata Dal United) and Maj (Retd) Toshikaba (Naga Peoples Front).
In the present case, Imkong was one of the petitioners while Talitsuba was one of six respondents.
In December 2022, the HC Kohima Bench also disposed off a similar case involving the two other candidates when it was informed that a contentious resolution declaring one individual as consensus candidate and ‘consequential’ notices issued thereafter were ‘revoked.’
