Nagaland: HC suspends ‘excommunication’, debarment notices to ex-poll candidate

Issues notices to Government, DC Mokokchung and CVC 

Morung Express News 
Dimapur | July 28

The Gauhati High Court Kohima Bench, in an interim order on July 27, has suspended a letter issued by Chungtia Village Council (CVC) debarring T Chalukumba Ao from “being part of Chungtia village” as well as a notification “ex-communicating” him from the village for lifetime.

The letter was issued to Chalukumba by the CVC on February 16, 2023 while the notification (Sangdonger) dated June 30, 2023, ex-communicating him “from Chungtia village” for life was published in vernacular dailies.

Accordingly, he filed a writ petition challenging the CVC’s decisions in the HC Kohima Bench seeking the quashing of the February 16 as well as June 30 notification. He also appealed the Court to direct the Deputy Commissioner, Mokokchung, to initiate appropriate action against the individuals complicit in the matter.

Admitting the petition, Justice Kakheto Sema directed for issuing notice to the respondents– State of Nagaland through Chief Secretary, Commissioner Nagaland; DC Mokokchung; CVC; and 14 other individuals, who are all VC members from the village. 
In the interim, the judge suspended the February 16 letter and June 30 notification until further orders. 

Case Background
Chalukumba contested the State Assembly polls 2023 on February 28 as an ‘unreturned’ Janata Dal (United) candidate from the 28 Koridang Assembly Constituency. 

Prior to the election, he had filed a writ petition in the Kohima Bench challenging a resolution passed on December 28, 2021 by Chungtia Citizens Forum (Chungtia Senso Mungdang)  designating a “consensus candidate of the village for the 28 Koridang A/C” in the then upcoming 2023 elections. Thereafter, the CVC issued a ‘consequential notice’  “informing and warning all the villagers” of penalty of 7 pigs if they went against the aforesaid resolution.

During the hearing of the petition, the CVC retracted its resolution and other “consequential” notices and subsequently submitted to the Court the decision to revoke on December 13, 2022. Hence, the single-judge bench disposed the petition as “infructuous.” 

While the Court cleared the way for his candidature, things did not go well on ground, as per the present petition. 

After the Court’s proceedings, he reportedly wrote to the CVC on February 15 seeking permission to declare his electoral candidature in the village. However, the CVC on February 16 replied (impugned Letter) informing him of the Council’s inability to accept his request and ‘temporarily debarring him from being part of the village’ for allegedly going against the village. 

The petition also stated that in the course of the election process, his father-in-law’s house at Salangtem Ward, Mokokchung, where the petitioner was stationed in the lead up to the polls, was attacked on the night of February 2. On February 21, one of his supporters was “badly beaten up and killed,” he added. 

Nine accused persons, who were arrested in connection to the latter incident, are presently facing trial in the District & Sessions Court, Mokokchung. 

Thereafter, the CVC in its meeting held on June 30 issued the impugned Notification “excommunicating the petitioner.”

As reported by The Morung Express earlier, the notification stated that he was charged of violating ‘sobaliba’ and his status as a citizen of Chungtia thus revoked for life. Roughly translated, ‘sobaliba’ in the Ao Naga community life, can refer to broad ethical or moral principles as well as customary practices and way of life that guides the people.

The notification appended by representatives of 14 clans in the CVC, also cautioned the villagers against sheltering him. 

Grounds for challenge
Meanwhile, regarding the June 30 notification, the petitioner argued that he had not committed any wrong under the customary law and it was not supported by any reasons. 

He asserted that contesting an election does not violate any customary practices of the Nagas and contended that he cannot be “subjected to restrictions which are not permissible under the law” merely because he has opted to exercise his legal and constitutional rights as a candidate in a democratic country.

The petitioner further declared that the “excommunication” directly “infringes his fundamental right to move freely throughout the territory of India” as well as “right to reside in any part of the country” guaranteed under Article 19 of the Constitution of India. It further deprives personal liberty guaranteed under Article 21, he added.

In this connection, the petitioner stated that the private respondents of the case “acted in a mala fide manner with intention to cause harm and injury upon the petitioner” and termed it an “intentional wrong.”

Accordingly, it sought the quashing of the February 16 letter as well as the June 30 letter, while further arguing that it is a fit case for issuing direction to the DC, Mokokchung (respondent No.3) to initiate appropriate action against the private respondents for having acted arbitrarily and “illegally without legal jurisdiction and sanction.”

The matter is listed for further hearing after four weeks.