SHRI.S. MOANGKABA OZUKUM v. THE STATE OF NAGALAND AND 4 ORS

ORDER Page No.# 3/10 Date : 31-01-2023 Heard Mr. Imti Longjem, learned counsel for the petitioner. Also heard Mr. Moa Imchen, learned Sr. Government Advocate for the State respondents and Mr. C.T. Jamir, learned Sr. counsel assisted by Mr. I. Imchen, learned counsel for re- spondent No.5.

#2. The petitioner being debarred from contesting in the general election to the 14th Nagaland Legislative Assembly by the Mongsenyimti Riosanger Putu Menden/Village council is before this Court by way of the present writ petition with the following prayers:- “A. Quash and set aside: i. The decision/Resolution No.4 taken by respondent No.4 in the General meeting of the respon- dent No.5 held on 28.12.2021 (Annexure-3) ii. The Announcement made by respon- dent No.4 to various Mongsenyimti Citizens Union through its Letter dated 1.6.2022. (Annexure-4) iii. The coerced undertaking dated

13.10.2022 which the petitioner was compelled to make in the meeting convened by the respondent No.4. (An- nexure-6) iv. The Announcement/Pronouncement made by the respondent No.4 dated 19.10.2022 (Annex- ure-7) Page No.# 4/10 v. The Information/Announcement dated

23.10.2022 made by the respondent No.5 and published in the 25.10.2022 edition of the Tir Yimyim Newspaper (Annexure-8).

#3. At the outset Mr. C.T. Jamir, learned Sr. coun- sel for the respondent No.5 submits that he is conceding prayer No.(ii), (iii), (iv) and (iv) made in the writ petition. He however, submits that in so far as prayer No.(i) is concerned, the same pertains only to ‘Shilu Maong’(blessing) given by the Mongsenyimti Senso Mungdang/General Citizen Meeting and therefore, the same does not in any way infringe the right of the petitioner for contesting the forthcoming election. He sub- mits that bestowing renewed blessing to the said Shri Tong- pang Ozukum during the 61st Senso Mungdang (General Citi- zens Meeting) held on 28/12/2021 was on the basis of invita- tion from the respondent No.5 to all citizens of the village to bestow blessing to the intending candidates. He also submits that the petitioner was present in the said meeting and the petitioner was also a part of such decision and therefore, the petitioner cannot allege any illegality on the part of the re- spondent No.5 in bestowing renewed blessing given to the said Shri Tongpang Ozukum.

#4. Contesting the submissions made by the learned Sr. counsel for respondent No.5, Mr. Imti Longjem, learned counsel for the petitioner on the other hand draws attention of this Court to the Proclamation dated 1/6/2022 made by the Riosanger Putu Menden/respondent No.4 wherein it was pro- claimed to all the citizens of Mongsenyimti village that in the Page No.# 5/10 2023 Nagaland State Assembly election from 24-Angetyong- pang Assembly constituency, except for the person whom the privilege has been given to contest the election, no Mongseny- imti citizens shall contest the said election from the aforesaid constituency. It was further stated that no person shall act or speak contrary to the aforesaid decision made in the meeting dated 1/6/2022 and whoever disobeys, he/she shall be sum- moned by the Putu Menden and appropriate punishment would be imposed. Therefore, a conjoint reading of the resolu- tion No.4 of the Monsenyimti Senso Mungdang and the Procla- mation dated 1/6/2022 clearly indicate that the ‘Shilu Maong’ (blessing) is not a blessing but an indirect way of proclaiming that the said Shri Tongpang Ozukum is the only candidate for contesting the 24-Angetyongpang Assembly constituency from Mongsenyimti village. He therefore submits that even the prayer No.1 should be allowed in favour of the petitioner by quashing and setting aside the same.

#5. Mr. Moa Imchen, learned Sr. Government Advocate submits that the official respondents have not received any representation nor official report about the decision allegedly taken by respondent Nos. 4 and 5. Further, the official respon- dents have not received any official intimation about the vio- lation of any fundamental right of any individual including the petitioner. He also submits that the State respondents have not denied any citizens to contest for election nor the State shall advise any citizens to contest for election because all citi- zens are free to contest for any election as he/she likes. Ac- Page No.# 6/10 cordingly, a circular dated 5/1/2023 was issued by the Deputy Commissioner, Mokokchung/respondent No.2 to that effect.

#6. I have heard the learned counsels appearing for the parties.

#7. This Court has also considered the resolution No.4 adopted by the Mongsenyimti Senso Mungdang in its 61st gen- eral meeting held on 28/12/2021. The same is reproduced herein below:- “4. Riosanger Putu Mongsenyimti lemtet yimyim nungita tarak- tep yokji akangshia nokyumedema nokdi, nü amusü toklokja ‘Shilu Maong’ Wb. Tongpang Ozukum Minister PWD (Housing and Mechanical) Govt. of Nagaland) nem taruba Nagaland Legislative Assembly Election nung tokteptsü khuret agüja Senso sangertem-i moatsür.” The translated version reads as under:-

#4. The citizen of Mongsenyimti endorse the proclama- tion of the Riosanger putu Mongsenyimti to bestow the privi- lege and responsibility of contesting the forthcomming Naga- land State Assembly Election on Shri Tongpang Ozukum Minis- ter PWD (Housing & Mechanical Government of Nagaland).”

#8. The Ao dictionary (AROK OSEP) published by the Ao Senden Literature Board defines ‘Shilu’ as “return, recur a second time”. Further, ‘Moang’ is defined as “blessing, benev- olence”. Therefore, a reading of the resolution No.4 of the Mongsenyimti Senso Mungdang would indicate that only re- newed blessing was given to the said Shri Tongpang Ozukum.

#9. The Proclamation dated 1/6/2022 made by the Riosanger Putu Menden of Mongsenyimti village clearly indi- cates that the ‘Shilu Maong’ (blessing) bestowed by the Mongsenyimti Senso Mungdang upon the said Shri Tongpang Page No.# 7/10 Ozukum have been stretch too far by the Riosanger Putu Menden of Mongsenyimti village. Basing on the ‘Shilu Maong’ (blessing), the Riosanger Putu Menden of Mongsenyimti Vil- lage has debarred all other citizens of Mongsenyimti Village except the said Shri Tongpang Ozukum to contest from 24- Angetyongpang Assembly constituency to the forthcoming general Assembly election. Such Proclamation debarring any citizens of Mongsenyimti Village, except one, to contest from 24-Angetyongpang Assembly constituency is not permissible in law and therefore, the Proclamation dated 1/6/2022 stands vi- tiated and consequently all other actions taken on the basis of the Proclamation dated 1/6/2022 also stands vitiated in law. However, considering the true meaning of ‘Shilu Maong’ as defined in the Ao dictionary (AROK OSEP), it is only a renewed blessing given to the said Shri Tongpang Ozukum and therefore, I see no reason to interfere with the resolution No.4 of the Mongsenyimti Senso Mungdang adopted in its 61st general meeting held on 28/12/2021. However, it is made clear that the ‘Shilu Maong’ bestowed upon the said Shri Tong- pang Ozukum shall have to be construed only as a blessing and such blessing shall have no implication or extension in any manner or in any sense in the forthcoming general assembly election from 24-Angetyongpang Assembly constituency.

#10. Recording the submission of the learned Sr. coun- sel for respondent No.5 that he is conceding prayer No.(ii), (iii), (iv) and (v) made in the writ petition, the Proclamation dated 1/6/2022 issued by the Riosanger Putu Menden of Mongsenyimti village, the Undertaking dated 13/10/2022 Page No.# 8/10 made by the petitioner in the meeting convened by the re- spondent No.4, the Proclamation/Pronouncement made by the respondent No.4 dated 19/10/2022 and the Information/An- nouncement dated 23/10/2022 made by the respondent No.5 and published by Tir Yimyim on 25/10/2022 are all set aside and quashed.

#11. The circular made by the respondent No.2 has also been considered by this Court and the relevant portion is re- produced here below:- “It is hereby brought to the notice of all the con- cerned that every citizen of India has a statutory right to par- ticipate/contest election as per his/her own free will subject to the fulfillment of the requisite qualifications and any attempt of force/coercion to subvert the free will of the citizen is viola- tion of the rights guaranteed to the individuals by the consti- tution and subsequent statutes. Announcement/declaration of consensus candidates by the councils/organizations and issu- ing directives/diktats in favour of the consensus candidates and/or against other candidates/voters violates the right of the citizen to participate/vote as per their free will. Further, any attempt to influence free and fair election by any means or any attempts to interfere with the exercise of the free will of the citizen/voter in election matters is an offence under sec- tion 17IC, 339 and 340 of IPC. The same has been reiterated by the Election Commission of India (ECI) in its instruction NO.437/6/INST/2014-CC & BE dated 26th Oct, 2014 which fur- ther prohibits any organization/group from any activity/state- ment that amounts to attack on the citizen from exercising their rights to participate/vote with free will. Further, the village council being government agencies and auxiliary to the district administration under sec- tion 15 of the Nagaland Village Council Act, 1978, are hereby directed to refrain from any type of political activity and re- main politically neutral at all time. Non-compliance may invite disciplinary action under the relevant section of the Nagaland Village Council Act 1978 and other statute.”

#12. Page No.# 9/10 The submission of the learned Government Advo- cate that the official respondents have not received any repre- sentation nor official report about the decision allegedly taken by the respondent Nos. 4 and 5 and also that they have not received any official intimation about violation of any funda- mental right of any individual including the petitioner has been noted by this Court. The right to contest an election is neither a fundamental right nor a common law right but a right con- ferred by statue. The very fact that the copy of the writ peti- tion along with annexure appended thereto has been received by the official respondents shall be deemed to be a notice upon the official respondents on the illegal decisions taken by the respondent Nos. 4 and 5. A very disturbing fact which has come to the notice of this Court is the open indulgence in politics by the Riosanger Putu Menden of Mongsenyimti village by supporting one particular candidate and debarring other citizens of Mongsenyimti village to contest from 24-Angetyongpang As- sembly constituency. The action of the respondent No.4 (Riosanger Putu Menden) of Mongsenyimti Village is not per- missible in law. The official respondents particularly, respon- dent No.2 is therefore directed to take appropriate steps against the Riosanger Putu Menden of Mongsenyimti Village in accordance with law. The respondent No.2 is also directed to file action taken report against the Riosanger Putu Menden of Mongsenyimti Village before the Registry of this Court within a period of 3(three) weeks from the date of receipt of a copy of Page No.# 10/10 this order. Failure to do so, Registry is directed to initiate suo moto contempt proceedings against the official respondents.

#13. The Deputy Commissioner, Mokokchung district is also directed to ensure that free and fair election is held in the forthcoming General Election to the 14th Nagaland Legislative Assembly in all the constituencies under Mokokchung district particularly with regard to the 24- Angetyongpang Assembly Constituency.

#14. With the aforesaid observation and direction this writ petition is partially allowed. No cost. Sd/- JUDGE Comparing Assistant