Supreme Court of India has set aside a Gauhati High Court (Kohima Bench) order dated March 27, 2025, which had restrained Vihuto Assumi from functioning as president of the Sumi Hoho organization.
The apex court, in its order on September 8, observed that instead of injuncting the appellant, it would have been more appropriate for the High Court to direct the Civil Court to decide the preliminary issue of maintainability of the suit in a time-bound manner and then proceed to adjudicate the matter on merits.
It said that Assumi was appointed president of the Sumi Hoho by a Search Committee on July 26, 2024. His appointment was challenged in Civil Suit No. 23/2024 before the Court of Civil Judge (Senior Division), Dimapur, on the ground that he was below 50 years of age, which is a mandatory condition under Article 7.10 of the Sumi Hoho constitution, it said.
The Supreme Court, allowing the appeal in part, directed the Civil Court to frame and decide the preliminary issue of maintainability within eight weeks. Both Assumi and defendant No.1 have been asked to file their written statements within two weeks, while the plaintiffs may file rejoinder affidavits within one week thereafter. Till such time, the court ordered that since the High Court’s order has been set aside, Assumi will continue to perform his duties as president of Sumi Hoho until the Civil Court decides the maintainability issue or passes further orders in accordance with law.
The bench of Justice Surya Kant and Justice Joymalya Bagchi directed all parties to extend full cooperation to the Civil Court.
SC sets aside HC order on Sumi Hoho president issue
DIMAPUR, SEP 6 (NPN)