DIMAPUR, FEBRUARY 14: The Kohima Bench of Gauhati High Court on Tuesday issued an interim stay order on three resolutions adopted respectively by Longkhum Chungli Mongsen Youth, Alichen Youth and Alichen Council to support the candidature of Talitsuba Imchen in the Assembly elections.
“A perusal of the impugned resolutions dated June 28, 2022, September 17, 2022 and October 22, 2022 clearly suggests that the resolutions are prima facie 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”, stated an order issued by Justice Kakheto Sema.
The Court directed the Deputy Commissioner of Mokokchung to make an enquiry and direct the three organisations/groups to forthwith withdraw the resolutions “if still subsisting”, and take necessary actions against the organisations/groups, in accordance with law, if the resolutions are still in operation.
“The action taken report of the Deputy Commissioner, on the issue, shall be furnished positively before this Court on February 21, 2023 so as to enable the Court to further examine the matter”, it stated. Accordingly, Sema listed the case to be heard again on February 21.
The Writ Petition was filed by four persons, including the BJP candidate for 28 Koridang Assembly Constituency and four-time Legislator Imkong L Imchen.
“All the petitioners are aggrieved by: the impugned resolution dated June 28, 2022 issued by the Longkhum Chungli Mongsen Youth resolving to support one Talitsuba Imchen, an intending candidate from Longkhum Village, and directing the citizens of Longkhum Village not to go against the said resolution, or to face severe punishment; the resolution dated September 17, 2022 issued by the Alichen Youth resolving to support Talitsuba Imchen in the forthcoming Nagaland Legislative Assembly Election and warning the citizens of Longkhum not to go against the resolution, failing which the violators will be severely punished; and the resolution dated October 22, 2022 adopted by the Alichen Council resolving to support the candidature of Talitsuba Imchen in the upcoming elections and warning the citizens not to go against the resolution adopted by the Council”, stated the order.
The petitioners’ Counsel told the Court that as the resolutions were “against the constitutional rights of the people of the State, more particularly of the electorate of Longkhum Village and Alichen Village”, the Election Agent of Imkong L Imchen had submitted the representation to the Deputy Commissioner and District Returning Officer of Mokokchung on February 7, 2023, to take necessary action against the three organisations.
“It is, however, the case of the petitioner that the Deputy Commissioner, Mokokchung, has not taken any action on the representation submitted on February 7, 2023, thereby allowing the illegal resolution to stand even as of date.
“The petitioners have also brought the circular dated January 5, 2023, issued by the Deputy Commissioner, Mokokchung, to the notice of this Court. A perusal of the circular dated January 5, 2023 shows that it has been issued by the Deputy Commissioner, Mokokchung, for conduct of free and peaceful election within Mokokchung district. The petitioners being aggrieved by the impugned resolutions dated June 28, 2022, September 17, 2022 and October 22, 2022 and the inaction of the Deputy Commissioner, Mokokchung, in taking necessary legal action against the organisations/groups responsible for passing the resolution has approached this Court by way of the present writ petition”, it stated.
(Page News Service)