Tsukjem Jamir vs State of Nagaland and Others

H.K. Sema, J.—In this writ petition, the resolution dated 28th December, 1992 passed in the 42nd Khar Senso Mongdang (Khar Citizen Meeting) has been assailed. The following resolution was passed by the Khar Senso Mongdang on 28 December, 1992:

(i)That the Declaration made by Khar Village Council on 13th December 1992 to have free and fair election under the force influence using the name of Benganglen Alir Khar Senso Telongjem ("Khar citizens staying outside Khar Village") is rejected and not accepted by the "Khar Senso Mongdang."

(ii) The Resolution made on 1st May 1987 by the Khar citizens (Khar Senso Mongdang) to set up a candidate for the Nagaland Legislative Assembly is to be continued and re-affirmed again that the same candidate is to be contested in the corning election too in the name of Khar Villagers, from whatsoever party the candidate is, That the citizen in and outside of the Khar villages that those who break the above resolution shall be imposed suitable punishment on him/her.

(iii) Resolved that Mr. Tsukjem Jamir who had published in the Nagaland Post Newspaper taking the name of convenor by himself of "Bendangen Alir Senso Telungjem" (Khar citizen staying outside the village) should withdraw on or before 15 January 1993 and this task had entrusted to village council. The village council is entrusted to impose a fine of Rs. 5000/- the name of Senso Mongdang if he does not withdraw in given time.

(R. Lima) (T. Kikaba) Chairman Secretary Khar Senso Mongdang Khar Senso Mongdang

The above resolution passed by the Khar Sense Mongdang was challenged on the ground that it violates the citizens rights of franchise and democratic process of free and fair election.

I have heard Mr. R.S. Bedi, learned Counsel for the Petitioners as well as Mr. I. Jamir, learned Counsel for the Respondents.

On bare persual of the aforesaid resolution, three things becomes clear; (i) That a declaration made by the Petitioner on 13 December, 1992 in the name of ''Baudanglen Alir Khar Senso Telongjem'' (Khar citizens staying outside Khar village) to have free and fair election in the village has been rejected.

(ii) The resolution passed on 1st May, 1987 by (Khar Students Unions to set up a candidate for Nagaland Legislative Assembly Election form the Khar village has been affirmed.

(iii) The resolution passed on 13 December, 1992 by Bendanglen Alir Khar Senso Mongdang (Khar citizens slaying outside Khar village) to have free and fair election should be withdrawn on or before 15 January, 1993, failing which a fine of Rs. 5000/- shall be imposed.

A counter has been filed on behalf of the Respondents. It is submitted by Mr. Jamir that by the aforesaid resolution, the Khar citizens meeting has simply re-affirmed the resolution passed in May, 1987 in which the Petitioner himself participated and he was a party to the resolution. This part of statement has been contested by Mr. Bedi staling that the 1987 resolution was passed by the Khar Students Union and the Petitioner did not participate in the said resolution. Be that as it may, this Court is not called upon to decide as to whether the resolution passed on 28 December, 1992 is part of resolution passed in May, 1987 or not.

The question that arises for determination is that as to whether the village authority, whether it is called by village Council, Putumenden, Citizens Meeting Community or an Organisation can control and direct citizen of the entire village to vote for a particular candidate in democratic process of election.

The establishment of every Naga village is by tradition a democratic institute. It has all the trappings of the Democratic institute. The important institution of the village, like the village Council Member and the village Council Chairman are elected through Democratic process. The village resolutions are passed after the citizen of the entire village are participated in deliberations by a majority of votes. Cases are decided in open Durbar after hearing the disputing parties and their witnesses.

A right to exercise franchise is an inalienable right to every citizens of India. This valuable right of a citizen cannot be encroached upon by any authority whatever so high he may be. This right is left to the individuals concerned to be exercised in his discretion according to his free will.

This apart, Section 123(2) and the proviso thereunder, of the Representation of People Act, 1951 expressly put bar on the candidate or any oilier person to have undue influence, threatening coercion and intimidating the elector with any injury of any kind including social ostracism and ex-communication or expulsion from any caste or community.

This being the position in law, the village authority either call it village council/Putumenden or citizens meeting or call it by any name or Organisation cannot impose on the individual voters to vote for, a particular candidate or to vote in a particular manner in exercise of his franchise, this right is left to the individual to be exercised solely on his discretion which is called in a democratic process, free and fair election. This power has not been invested on the village authority or community or organisation neither by custom nor tradition nor under the Administration of Justice in Nagaland nor by the Act called Nagaland Village and Area Council Act, 1978, or under any provision of law for the time being enforced. Necessary corollary is that the resolution dated 28 December, 1992 passed by the Khar Citizens Meeting is without the jurisdiction vested in it and is accordingly quashed.

In the result, this petition is allowed, however, without costs.