Gauhati High Court - Aizawl
Smt. Maya Lota Chakma And 8 Ors vs The Chakma Autonomous District Council ... on 12 December, 2025
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GAHC030006672025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/118/2025
1. Smt. Maya Lota Chakma and 8 Ors.
President, Village Council, Kamalanagar-IV,
Chakma Autonomous District Council.
2: Sh. Mrinal Kanti Chakma
Vice-President
Village Council
Kamalanagar-IV
Chakma Autonomous District Council.
3: Sh. Talukdar Chakma
Member
Village Council
Kamlanagar-IV
Chakma Autonomous District Council.
4: Sh. Unilia Chakma
Member
Village Council
Kamalanagar-IV
Chakma Autonomous Districtt Council.
5: Sh. Prema Rattan Chakma
Member
Village Council
Kamalanagar-IV
Chakma Autonomous District Council.
6: Sh. Dhanya Ram Chakma
Member
Village Council
Kamalanagar-IV
Chakma Autonomous District Council.
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7: Sh. Zatan Chakma
Member
Village Council
Kamalanagar-IV
Chakma Autonomous District Council.
8: Sh. Kamini Kumar Chakma
Nominated Member
Village Council
Kamalanagar-IV
Chakma Autonomous District Council.
9: Sh. Kiron Chakma
Secretary
Village Council
Kamalanagar-IV
Chakma Autonomous District Council
VERSUS
The Chakma Autonomous District Council and 5 Ors.
R/b its Executive Secretary/Chief Executive Member, Kamalanagar, Lawngtlai
District, Mizoram. 2:The Deputy Commissioner
Lawngtlai District
Lawngtlai
Caretaker of the Chakma Autonomous District Council.
3:The Executive Member i/c LAD
etc.
Chakma Autonomous District Council
Lawngtlai
Mizoram.
4:The Local Administration Officer
Chakma Autonomous District Council
Kamalanagar
Lawngtlai District
Mizoram.
5:The Assistant Local Administration Officer
Chakma Autonomous District Council
Kamalanagar
Lawngtlai District
Mizoram.
6:Sh. Sanjoy Chakma
R/o Kamalanagar-IV
Lawngtlai District
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Mizoram
Advocate for the Petitioner : Mr B Lalramenga
Advocate for the Respondent : Addl. AG/GA, Mizoram for R2
BEFORE
HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
12.12.2025 Heard Mr. B. Lalramenga, learned counsel for the petitioner. Also heard Mrs. Linda L. Fambawl, learned Government Advocate for the State respondents.
2. It appears that from the office note and orders passed earlier that all the respondents have been served, but none appears on call.
3. Having regard to the urgency of the matter, I have heard learned counsel for the petitioner at length.
4. The instant writ petition has been preferred challenging the legality of the Order dated 15.09.2025 issued by the respondent No.4 suspending the Village Council of Kamalanagar-IV which has been issued on the basis of a verification report dated 04.09.2025 on the basis of a complaint filed by an individual on 21.08.2025.
5. The learned counsel for the petitioner submits that the said impugned Order dated 15.09.2025, is liable to be set aside since there is no provision u/s 26(2) of the Chakma Autonomous District Council (Village Council) Act, 2003 for the respondents to issue an order of suspension, suspending the Village Council, Kamalanagar-IV and appoint a Caretaker.
6. At this stage reference may be made to Section 26 of the Chakma Autonomous District Council (Village Councils) Act, 2003 which is reproduced below:-
Page No.# 4/5 "26. DISSOLUTION OF THE VILLAGE COUNCIL.
(1) The Executive Committee by public notification order the dissolution of a Village Council if in its opinion the Village Council is too inefficient or is not able to carry on the Village administration or is acting in the manners prejudicial to the interest of the State of for any reason consider sufficient for such dissolution and issue order for holding fresh election of the Village Council. Copies of all such order shall be sent to the Deputy Commissioner of the Lawngtlai District.
(2) The Executive Committee may appoint any person or persons to assume charge of the Village administration and also to act in the Village Council Court during the period intervening between the dissolution of the Village Council and the completion of the election under the provisions of sub-section (1).
(3) When any Village Council has been dissolved under the provision of sub-section (1), the Executive Committee at its meeting shall lay before the District Council in Session at its first meeting after such dissolution, all papers, connected therewith and the matter shall be opened for discussion by the members of the District Council.
(4) So long as the Village Council acts as the Village Court under the law, the Village Council so dissolved shall cease forthwith to function as Village Council Court."
7. It is submitted that although as per the aforesaid provision, it is the prerogative of the Executive Committee to dissolve the Village Council on the stated grounds, at present, the Executive Committee itself is not functioning on account of suspension pursuant to orders issued by the Governor of the State under the provisions of the Sixth Schedule to the Constitution of India and the functions of the Executive Committee are presently performed by the Deputy Commissioner, Lawngtlai who has been appointed as Caretaker of the Chakma Autonomous District Council.
8. It is the contention of learned counsel for the petitioner that Section 26 of the said Act referred to above only provides for dissolution of the Village Council, but there is no provision for suspension in the Act or the Rules i.e. the Chakma Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2002 as amended.
9. None has appeared to counter the aforesaid contention of learned counsel for the petitioner and it is submitted that the term of the present order which is for three months will be expiring on 15.12.2025.
10. Having regard to the submissions of learned counsel for the petitioner and having regard to the provisions of the aforesaid Act and Rules, wherein no provision for suspending a village council is discernible, it prima facie appears that the impugned order has been passed without any statutory basis, leaving open the question whether the power of dissolve includes within it the power to suspend, in the Page No.# 5/5 context of elected bodies, absent a specific provision, as no such contention has been raised at this stage.
11. Having regard to the same, the impugned Order dated 15.09.2025 and their Memo No. H. 11013/22/2025/CADC/(LAD)/109 dated 15.09.2025 passed by the Local Administration Officer, Chakma Autonomous District Council, Kamalanagar is hereby stayed until further order.
12. List the matter again on 30.01.2026.
JUDGE Comparing Assistant