PDGBA asserts GBs’ statutory voting rights in VCs

DIMAPUR, OCT 9 (NPN): Peren District GB Association (PDGBA) has asserted that the voting rights of Gaonburas (GBs) in village councils were protected under the Nagaland Village Councils Act, 1978, and cannot be withdrawn or curtailed arbitrarily by any individual or organisation.
In a press release, PDGBA vice president Heisolu Sephe said the Act recognised prevailing Naga customary practices and usages in the constitution of village councils, while expressly providing for hereditary village chiefs, GBs and Anghs to serve as ex-officio members with voting rights.
Citing Article 371(A) of the Constitution, the association said Nagaland’s village governance system was rooted in customary practices, with traditional village chiefs, Anghs or GBs heading villages among different Naga tribes.
The association maintained that Section 4 of the Act required village council members to be chosen in accordance with the prevailing customary practices and usages of the respective villages, subject to state government approval. It said the statutory recognition of GBs’ voting rights could not be treated as a privilege subject to the discretion of individuals or organisations.
PDGBA also cited two Gauhati High Court judgments– Nchumo Yanthan & Ors. vs. State of Nagaland & Ors., decided on October 17, 2023, and State of Nagaland & Ors. vs. Neizo Zumu & Ors., decided on April 22, 2024– as recognising the relevance of customary practices and the statutory provisions governing village councils.
Referring to Sections 6, 9, 20 and 22 of the Act, the association said matters relating to the tenure, removal, selection and composition of village councils must be addressed through prescribed legal procedures rather than unilateral decisions.
It further stressed that Article 371(A) provided constitutional protection to Naga customary law and procedures in specified matters, adding that customary practices and statutory rights must be respected within the applicable legal framework.
PDGBA said GBs had historically played an important role in maintaining peace, resolving disputes, preserving customary institutions and facilitating relations between village communities and the administration.
The association called upon individuals, village authorities, organisations and administrative bodies to uphold the law, respect established customary practices and refrain from actions that could undermine the lawful functioning of village councils.
PDGBA maintained that disputes concerning the selection, composition or functioning of village councils be resolved peacefully through established customary procedures and statutory mechanisms, reiterating that the rights and responsibilities of GBs must be protected against arbitrary interference.