HC quashes Mongsenyimti village resolution on consensus candidate

Mokokchung, February 2 (MTNews): The Gauhati High Court Kohima Bench has in its January 31 judgment quashed the resolution adopted by the Mongsenyimti Riongsanger Putu Menden and the Mongsenyimti Senso Mungdang to endorse the candidature of former minister Tongpang Ozukum as the lone candidate from the village to contest for the 24-Angetyongpang Assembly Constituency in the upcoming election to the Nagaland Legislative Assembly.

The court was hearing a Writ Petition (Civil) 290/2022 filed by S Maongkaba Ozukum, son of former six-time legislator Sentichuba Ao, versus the Government of Nagaland and four others.

The January 31 High Court order stated that the right to contest an election is neither a fundamental right nor a common law right but a right conferred by statute. “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’s order said.

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

In this respect, the Court has directed the Deputy Commissioner of Mokokchung to take appropriate steps against the Riosanger Putu Menden of Mongsenyimti Village in accordance with law.
The DC has also been directed to file an action taken report against the Riosanger Putu Menden of Mongsenyimti Village before the Registry of the High Court within a period of three weeks from the date of receipt of a copy of the court order.

“Failure to do so, Registry is directed to initiate suo moto contempt proceedings against the official respondents,” the Court order read.
It further stated that the writ petition is “partially allowed” with no cost.

DC Mokokchung directed to ensure free and fair election

In the same January 31 order, the Court also directed the Deputy Commissioner of Mokokchung to ensure that a free and fair election is held in the forthcoming General Election to the 14th Nagaland Legislative Assembly (NLA) in all the constituencies under the Mokokchung district, particularly with regard to the 24-Angetyongpang Assembly Constituency.

Meanwhile, NDPP has on Thursday announced its 40 candidates for the upcoming elections which included Tongpang Ozukum who won the 24-Angetyongpang AC as an independent candidate in 2018 and had served as the minister of PWD (Housing and Mechanical) before he recently resigned from the 13th NLA and joined the NDPP.

Maongkaba Ozukum, on the other hand, is also likely to contest the election although sources informed that it has not yet been decided whether he would be contesting as an independent candidate or join a political party.