Peren District GB Association asserts Gaonburas’ voting rights are protected under the Nagaland Village Councils Act, 1978.
DIMAPUR — The Peren District Gaonbura (GB) Association has asserted that the voting rights of gaonburas in village councils across Nagaland are protected under the Nagaland Village Councils Act, 1978, and cannot be arbitrarily curtailed or withdrawn by any individual, group or organisation without lawful authority.
In a press release, the association said any dispute concerning the participation, representation or voting rights of GBs must be addressed through the procedures prescribed by law.
It maintained that the rights of GBs in Peren district, in particular, and Nagaland in general, must be respected in accordance with statutory provisions and prevailing customary practices.
The association warned that any attempt to dilute the legitimate rights of GBs would be taken seriously and dealt with in accordance with Zeliang Naga customary practices and usages.
Statutory recognition of GBs
The association stated that the Nagaland Village Councils Act, 1978, provides the legal framework for the constitution and functioning of village councils, incorporating the prevailing customary practices and usages of Naga villages.
It referred to Section 3 of the Act, which provides for the establishment of a village council in every recognised village, and Section 4, which stipulates that members shall be chosen by villagers in accordance with prevailing customary practices and usages, subject to the approval of the state government.
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According to the association, Section 4 also recognises hereditary village chiefs, gaonburas and anghs as ex-officio members of village councils with voting rights. It maintained that these rights are established by law and cannot be withdrawn, suspended or disregarded through unilateral decisions.
High Court judgments cited
The association cited two judgments of the Gauhati High Court in support of its position on the role of customary practices in constituting Village Councils.
It referred to Nchumo Yanthan and Others v. State of Nagaland and Others, decided on October 17, 2023, concerning the selection of village council members in Lakhuti village. The case examined the application of Section 4 and the requirement to follow prevailing customary practices and usages.
It also cited State of Nagaland and Others v. Neizo Zumu and Others, decided on April 22, 2024. The association said the division bench examined relevant provisions of the Act, including Sections 3, 4, 20 and 22, and recorded the statutory position concerning hereditary village chiefs, GBs and anghs as ex-officio members with voting rights.
Removal and dispute resolution
The association further pointed to Sections 6, 9, 20 and 22 of the Act, which deal with the tenure and continuity of village councils, removal of members, dispute resolution and administrative supervision.
It maintained that removal or disqualification of members must follow the procedures prescribed by law and cannot be undertaken arbitrarily by persons or organisations lacking legal authority.
The association added that disputes over the selection or composition of Village Councils should be referred to the appropriate authority under the Act rather than resolved through unilateral decisions.
Customary protection under Article 371A
The association also invoked Article 371A of the Constitution of India, which provides special constitutional protection for specified matters concerning Naga religious and social practices, customary law and procedure.
It said the Nagaland Legislative Assembly enacted the Village Councils Act in 1978 in recognition of the state's distinctive customary institutions and constitutional framework.
The association emphasised that the functioning of village councils must respect both the statutory provisions of the Act and the customary practices of the respective Naga communities.