Gauhati High Court orders Mokokchung DC to ensure free and fair election

Directs DC to take action against Mongsenyimti Village Council

The Gauhati High Court, Kohima Bench has directed the deputy commissioner, Mokokchung to ensure free and fair election in the upcoming general election in all constituencies under Mokokchung district particularly with regard to the 24 – Angetyongpang Assembly Constituency.

The Court issued this directive while hearing a writ petition filed by Moangkaba Ozukum vs the Government of Nagaland and four others.

The petitioner, Moangkaba Ozukum, stated that he was being “debarred” from contesting in the upcoming state assembly poll by the Mongsenyimti Riosanger Putu Menden/Village Council.

 “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 Assembly constituency”, the Court noted in an order on Jan. 31.

“The action of the respondent No.4 (Riosanger Putu Menden) of Mongsenyimti village is not permissible in law”, it added.

In this regard, the Court ordered the deputy commissioner of Mokokchung district to take appropriate steps against the Riosanger Putu Menden of Mongsenyimti village in accordance with the law.

It further directed the DC to file an ‘action taken’ report against the Riosanger Putu Menden of Mongsenyimti village before the registry of the Court within a period of three weeks from the date of receipt of a copy of this order.

“Failure to do so, Registry is directed to initiate suo moto contempt proceedings against the official respondents”, the Court stated.

 “The right to contest an election is neither a fundamental right nor a common law right but a right conferred by statute. The very fact that the copy of the writ petition 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,” it read.

It further stated the writ petition is “partially allowed” without charge.

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