Gauhati High Court Kohima Bench has issued notice to the Merangkong Medemsanger Putu (MMP) and Merangkong Tuli Lanur Telongjem for next hearing scheduled after four weeks after a hearing against the writ petition filed by four members was held, Tuesday.
Speaking to Nagaland Post, advocate N.M Jamir, representing the three petitioners Wapongtemjen, Temjenzulu and Lanuwapang, said, with the revocation of its own resolution by the Merangkong Village Council the court gave its final judgement on 02/05/2017 and closed the case since it became infructuous.
However, he said the petitioners were compelled to file the writ petition again on 29/05/2017 as the MMP had summoned the petitioners on May 26 and also the petitioners were constantly threatened and intimidated.
He said the petitioners through a representation had replied to MMP to discuss the matter closed by the HC on revocation of the illegal decision by MMP, however, he said the MMP had again set a dateline on 29/05/2017 directing the relatives/families to bring the petitioners to the village.
Jamir said the hearing for the writ petition was held today and the Election Commission of India (ECI) was also made the Performa respondent and also directed that no action shall be taken against upon the petitioners by the MMP in this matter.
He said the threat and intimidation to the petitioners by MMP was in violation and undermining the court’s order dated May 2, 2017.
The petitioners also prayed for directives from the HC, that MMP should respect the regard the 2/5/2017 order and not to furtherance the unlawful activities of threatening and intimidating the petitioners and their families/relatives for the cause of filing the petition.
The court has set the next hearing after four weeks, directing the MMP for the hearing.
It may be recalled that the three petitioners had filed a writ petition to Gauhati High Court, Kohima Bench on 6/3/2017 challenging the decision of the MMP taken on 30/01/2017 to allow only the present MLA to contest the 2018 Assembly elections and not to allow any other candidate to contest.
The first hearing was held on 07/03/2017 where the High Court suspended the resolution and gave an interim order.
Thereafter the MMP had filed an affidavit stating that the Village Council has realized and that the decision taken on 30/01/2017 may not be in consonance with the provisions of the law and revoked its decision on 31/03/2017.
Accordingly the HC disposed the case on 02/05/2017 with an observation that the resolution No-I passed by the MMP showed that the same was in violation of the Representation of People’s Act 1951 and the fundamental rights of the petitioners as enshrined in the constitution of India.