Morung Express News
Dimapur | September 11
The Supreme Court has set aside a Gauhati High Court Kohima Bench (GHCKB) order that had restrained Vihuto Assumi from functioning as President of the Sumi Hoho, allowing him to continue in the post until the Civil Court decides on the maintainability of the case.
Assumi was appointed President of the apex Sumi organisation on July 26, 2024, by a Search Committee.
However, his appointment was challenged in a civil suit by a group of members, who argued that he did not meet the mandatory eligibility requirement of being at least 50 years old, as stipulated under Article 7.10 of the Sumi Hoho Constitution.
On March 27 this year, the Gauhati High Court restrained Assumi from discharging his duties as President, reinstating a temporary injunction issued by a lower court and overturning an appellate court’s order that had earlier set aside the injunction.
Challenging this, Assumi moved the Supreme Court, which on May 1 granted an interim stay on the High Court’s directive.
On September 8, a bench of Justice Surya Kant and Justice Joymalya Bagchi observed that instead of issuing an injunction, the High Court should have directed the Dimapur Civil Court to first decide the preliminary issue of whether the suit itself was maintainable, and to do so in a time-bound manner.
The appellant has put forward his own defence, including an objection that the suit itself may not be vali, it held.
In this situation, the GHCKB should not have stopped him from functioning as President but instead ask the Civil Court to first decide, within a fixed timeframe, whether the case is maintainable, and then proceed to hear it on merits,” it added.
Accordingly, the Supreme Court set aside the March 27 High Court order and directed the Civil Judge (Senior Division), Dimapur, to decide the question of maintainability within eight weeks. It also fixed strict timelines for both sides: the appellant (Vihuto Assumi) and defendant no.1 must file their counter-affidavits within two weeks, while the respondents (plaintiffs in the Civil Court) may file rejoinders within one week thereafter. The Civil Court was further instructed to frame the preliminary issue on maintainability and decide it as early as possible, but no later than eight weeks.
With the High Court’s order quashed, Assumi has been allowed to continue performing his duties as President of the Sumi Hoho until the Civil Court decides on the preliminary issue or issues any other order in accordance with law. The Supreme Court also directed all parties to extend full cooperation to the Civil Court for an expeditious resolution.
