JUDGMENT : Heard Mr. Taka Kichu, learned counsel for the petitioners. Also heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland appearing for the State respondent Nos. 1 to 3, Mr. I. Imchen, learned counsel appearing for the respondent No. 4 and Mr. Aliba Ozukum, learned counsel appearing for the respondent Nos. 5 and 6. 2. By this writ petition, the petitioners are challenging the selection of private respondent No.5 as VDB Secretary and the private respondent No. 6 as Member of the Village Development Board by the Village Chairman alleging violation of Rule 4 (a) (b) and Rule 7 of the Village Development Boards Model Rules, 1980 ( Rules of 1980, in short). Accordingly, the order dated 18.01.2022 issued by the Deputy Commissioner, Wokha appointing the respondent No. 5 as VDB Secretary and respondent No.6 as VDB Member of Ashaa Village as well as the letter dated 13.11.2021 written by the Chairman, Ashaa Village Council and addressed to the Extra Assistant Commissioner, Sungro, Wokha by which the selection of respondent No. 5 as VDB Secretary was submitted are under challenge. 3. Mr. Taka Kichu, learned counsel for the petitioners submits that under the Village Development Boards Model Rules, 1980 (Rules of 1980, in short), the member of the Management Committee of the Village Development Board (VDB, in short) is to be chosen by the concerned village and one must be a permanent resident of that village. However, in the instant case with regard to Ashaa village, the respondent No.5 who was selected as VDB Secretary was not selected by the VDB members of Ashaa village as provided under Rule 7 of the Rules of 1980. Further, the respondent No. 6 is not eligible to be a VDB member as he is not a permanent resident of Ashaa village inasmuch as, he is a resident of Wokha Town, Lower Mount Tiyi College Colony. It is submitted that the term of the VDB of Ashaa village expired and accordingly a new team was chosen in terms of Rule 4 (b) of the Rules of 1980 by the Village Council Member except Nrukshan clan due to differences amongst the Nrukshan clan. It is submitted that the term of the VDB of Ashaa village expired and accordingly a new team was chosen in terms of Rule 4 (b) of the Rules of 1980 by the Village Council Member except Nrukshan clan due to differences amongst the Nrukshan clan. With regard to the Nrukshan clan, the incumbent Chairman of Ashaa village selected the respondent No.6 as VDB Member which is in violation of Rule 4 (b) of the Rules of 1980 inasmuch as, the VDB members are to be chosen by the Village Council Members and not be the Chairman alone. It is also submitted that the Ashaa village in its general meeting held on 27.02.2016 had unanimously resolved that those who do not have household in the village paying house tax shall not be allowed to hold any leadership for village administration keeping in mind that the village administration is taken care of by the permanent resident of the Ashaa village. Therefore, the selection of the respondent No.6 as VDB member by the Chairman of the said village is in clear violation of the resolution passed by the Ashaa village inasmuch as, the respondent No. 6 is not a permanent tax paying member of Ashaa village. 4. Learned counsel for the petitioner further submits that the Chairman of Ashaa village issued a notice on 02.10.2021 indicating that there shall be a VDB meeting on 05.11.2021 at 10:00 A.M. for selection of VDB Secretary. However, the said meeting could not be held on the appointed date i.e. 05.11.2021. Thereafter, without issuing any formal notice to the VDB members, the Village Chairman selected the respondent No.5 as VDB Secretary for the present tenure of 3 years and the same was forwarded by the impugned letter dated 13.11.2021 addressed to the EAC, Sungro, Wokha for necessary action. It is submitted that the selection of respondent No. 5 as VDB Secretary is in violation of Rule 7 of the Rules of 1980 inasmuch as, the selection of VDB Secretary shall be from amongst the VDB members and not otherwise. However, in the instant case, out of 5 VDB members, only 2 members were present and the rest were the Village Secretary, the Chairman and the private respondent No.6. Therefore, the whole selection process held on 13.11.2021 stands vitiated. 5. However, in the instant case, out of 5 VDB members, only 2 members were present and the rest were the Village Secretary, the Chairman and the private respondent No.6. Therefore, the whole selection process held on 13.11.2021 stands vitiated. 5. Learned counsel for the petitioner also submits that the EAC, Sungro had forwarded the Village Council Chairman letter dated 13.11.2021 to the Additional Deputy Commissioner, Sanis, Woka who in turn forwarded the same to the Deputy Commissioner, Wokha for approval and thereafter, the impugned order dated 18.01.2022 was issued by the Deputy Commissioner, Wokha appointing respondent Nos. 5 and 6 as VDB Secretary and VDB member respectively along with others. 6. Mr. Taka Kichu submits that Rule 4 (b) of the Rules of 1980 provides that members of Management Committee of the concerned VDB shall be chosen by the Village Council concerned for a period of 3 years therefore, selection of respondent Nos. 5 and 6 as VDB Secretary and VDB Member respectively is in violation of Rule 4 (b) and Rule 7 of the Rules of 1980 and accordingly, the impugned letter dated 13.11.2021 and the impugned order dated 18.01.2022 be set aside and quashed. 7. Ms. V. Suokhrie, learned Additional Advocate General, Nagaland appearing on behalf of the State respondents submits that upon complaint being received regarding the selection/election of 2 VDB members of Ashaa village, the EAC Sungro, Wokha had written to the Head Dobashi, Sungro by letter dated 03.09.2021 to verify the matter and to submit a report to the Office of the EAC, Sungro, Wokha. Thereafter, the Head Dobashi submitted a report on 08.09.2021 wherein, it was stated that the father of the respondent No.6 whose name appeared in the village registration member’s record and was a house taxpaying member in the village had to be removed from the house tax records due to allegations of village development fund mismanagement and his name was replaced by his eldest son Shri.Nyimbemo Shitiri. It was further stated that the respondent No.6 is an unmarried person and lives with his parents however, his eligibility to be a VDB member cannot be ruled out as his eldest brother L. Nyimbemo Shitiri is paying house tax in Ashaa village. It was further stated that the respondent No.6 is an unmarried person and lives with his parents however, his eligibility to be a VDB member cannot be ruled out as his eldest brother L. Nyimbemo Shitiri is paying house tax in Ashaa village. It was further stated that the name of respondent No.6 appears at Serial No. 26 of 2021 Electoral Roll of Ashaa village and the name of the elder brother of respondent No.6 appeared at Serial No.100 of the 2019-20 and 2020-21 in the house tax lists. Learned Additional Advocate General, Nagaland further submits that Annexure-F1 annexed to the writ petition by which the petitioners are claiming that the Village Council Secretary had participated in the selection of VDB Secretary is only an attendance sheet and not the process of selection. She further draws the attention of this Court to the letter dated 13.11.2021 written by the Chairman of Ashaa Village Council and addressed to the EAC submitting the selection/election of VDB Secretary in respect of Ashaa village wherein, the format for selection/election of VDB Management Committee and VDB Secretary were enclosed would clearly indicate that the selection of respondent No.5 was done by the VDB Members of Ashaa village for 3 years and have appended their signatures and 2 members were found to be absent. Accordingly, as the respondent No.5 had obtained the majority, the selection of respondent No. 5 was approved by the Deputy Commissioner, Wokha. He submits that the official respondents had taken all steps and applied their judicious mind while considering the selection of VDB members as well as VDB Secretary in respect of Ashaa village and had thereafter issued the order dated 18.01.2022 appointing the members of VDB Management Committee of Ashaa village as well as VDB Secretary by the Deputy Commissioner, Wokha, Nagaland. The allegations made by the petitioners are baseless and the selection/election of VDB Secretary of Ashaa village was done in terms of Rules of 1980 in a free and transparent manner. 8. The allegations made by the petitioners are baseless and the selection/election of VDB Secretary of Ashaa village was done in terms of Rules of 1980 in a free and transparent manner. 8. Further refuting the allegation of the petitioner that no notice was issued for the selection/election of VDB Secretary on 13.11.2021, she submits that the Secretary and the Chairman of Ashaa Village Council had issued a notice on 09.11.2021 indicating the nomination/withdrawal dates as well as selection date of VDB Secretary which was fixed on 13.11.2021 and the same was circulated to all the concerned VDB Management Committee Members. Further, the meeting minutes of 13.11.2021 which was signed by the Chairman of Ashaa Village Council and the Secretary of Ashaa Village Council clearly indicates that the respondent No.5 was elected unopposed for the year 22.11.2021 to 24.11.2024. Therefore, the claims of the petitioners that the selection of VDB Secretary was done without any notice being issued is based only on extraneous considerations and accordingly, the writ petition should be dismissed. 9. Mr. I. Imchen, learned counsel appearing for the private respondent No. 4 submits that the selection of VDB Secretary was conducted strictly in terms of Rule 7 of the Rules of 1980. He also submits that as respondent No.6 was residing with his brother, the house tax was paid in the name of his brother Shri. L. Nyimbemo whose name appears at Serial No.100 in the list of house tax collected at Ashaa village for the year 2020-2021. Further, it is submitted that the Chairman of Ashaa Village Council by notice dated 09.11.2021 had clearly indicated that the nomination of candidates for election of VDB Secretary will be held on 10.11.2021, withdrawal of candidate on 12.11.2021 and election/selection on 13.11.2021 at the Chairman Compound. This clearly indicates that notice as required was issued by the Village Council and on the basis of the dates fixed in the said notice dated 09.11.2021, all procedures were followed and selection/election of the VDB Secretary was held on 13.11.2021. He also submits that on the appointed date for selection of VDB Secretary both the petitioner Nos. 2 and 4 were absent on their own volition and therefore they cannot claim any relief by way of the present writ petition. 10. Mr. Aliba Ozukum, learned counsel appearing for the private respondent Nos. He also submits that on the appointed date for selection of VDB Secretary both the petitioner Nos. 2 and 4 were absent on their own volition and therefore they cannot claim any relief by way of the present writ petition. 10. Mr. Aliba Ozukum, learned counsel appearing for the private respondent Nos. 5 and 6 while endorsing the submissions made by the learned counsel for the respondent No.4 submits that the brother of the respondent No.6 is paying house tax and the respondent No.6 is also a permanent resident of Ashaa village. He submits that to be a permanent resident of Ashaa village, a person is not required to have a house in the said village. Further, he submits that the Nrukshan clan has recommended the name of the respondent No.6 as a VDB member from the Nrukshan clan which was decided during the clan meeting. Therefore, as the Nrukshan clan had already recommended the name of respondent No.6 to represent the Nrukshan clan, the petitioners cannot have any grievances against the respondent No.6 for being nominated as a member of the VDB of Ashaa village. 11. I have heard the learned counsel for the parties. 12. The first issue that requires the attention of this Court is whether the respondent No.6 is a permanent resident of Ashaa village. The State respondents in their counter affidavit at page 59 has annexed the Electoral Roll of 2021 S17 Nagaland in respect of 39-Sanis (ST) Constituency with regard to the Ashaa village wherein, the name of respondent No.6 appears at Serial No.26. The respondent Nos. 5 and 6 in their counter-affidavit have also annexed the list of households paying house tax for the year 2019-2020 at page 44 wherein, at serial No.2, the brother of respondent No.6 is indicated as paying house tax. Further, the Chairman of Ashaa Village Council, Wokha by a letter dated 30.09.2021 addressed to the EAC, Sungro, Wokha brought to the notice of the EAC Sungro that the father of the respondent No.6 was registered in the village but due to some issue the council had decided to replace his registration in the name of his eldest son, namely, L. Nyimbemo Shitiri as the head of the family. It was further stated that respondent No.6 who is the younger brother of Shri. L. Nyimbemo Shitiri falls under the registration and house number of Shri. L. Nyimbemo Shitiri. It was further stated that respondent No.6 who is the younger brother of Shri. L. Nyimbemo Shitiri falls under the registration and house number of Shri. L. Nyimbemo Shitiri. The aforesaid annexures of the State respondents and the respondent Nos. 5 and 6 clearly indicates that the respondent No.6 is a permanent resident of Ashaa village and therefore, his selection as member of VDB Management Committee is found valid and accordingly the selection of respondent No.6 as member of VDB Management Committee cannot be interfered by this Court. 13. The next issue is with regard to the selection of respondent No.5 as the Secretary of VDB Management Committee of Ashaa village. This Court has taken note of the notice dated 09.11.2021. The same is reproduced hereinbelow:- “OFFICE OF THE ASHAA VILLAGE COUNCIL Wokha-797111: Nagaland Date…………… Notice Date 9/11/2021 As per the letter NO.ADC/SNS/DEV-VDB/2020-21 dated Sanis the 27th Oct, 2021, the Council meeting was held on 9th Nov, 2021 regarding the selection/election of VDBMC Secretary Ashaa village the following points were resolved at the meeting (1) Nomination of candidate on 10-11-Nov 2021 (2) Withdrawal of candidate on 12th Nov, 2021 from 11: am to 3 pm (3) Election/selection on 13th Nov, 2021 at 10:00 am at the Chairman Compound L. Libemo Shitiri Yours faithfully, Chairman Secretary Ashaa Village Council Ashaa Village Council Copy to:- (1) Concern VDBMC member (2) Office copy” A perusal of the aforesaid notice clearly indicates the date for the selection/election of Secretary, VDB of Ashaa village as 13.11.2021. This would clearly indicate that notice was issued prior to the selection/election of Secretary VDB of Ashaa village and the same was conducted in terms of the said notice. Another annexure at page 32 of the counter-affidavit filed by the State respondents indicates the filing of nomination by the respondent No.5 for the post of Secretary, VDB Management Committee. The said nomination is dated 11.10.2021. Apart from the nomination filed by the respondent No.5, there is no other nomination paper filed by the petitioners particularly, the petitioner Nos. 2 and 4. 14. This Court has also taken note of the submission of the learned counsel for the petitioner particularly with regard to Annexure-F1 annexed to the writ petition that the Council Secretary had participated in the selection/election of VDB Secretary of Ashaa village. 2 and 4. 14. This Court has also taken note of the submission of the learned counsel for the petitioner particularly with regard to Annexure-F1 annexed to the writ petition that the Council Secretary had participated in the selection/election of VDB Secretary of Ashaa village. However, a consideration of Annexure-F1 clearly indicates that it is only an attendance sheet and not the process of selection/election of VDB Secretary. In fact, the State respondents have annexed the format for selection/election of VDB Management Committee and VDB Secretary at page 51 of the counter-affidavit. Therein, apart from the 5 selected members of Ashaa village VDB, no other names are indicated and 3 members have appended their signatures in favour of respondent No.5. The other 2 members who are petitioner Nos. 2 and 4 did not attend the meeting. The format is signed by the Chairman of the Village Council of Ashaa village and the concerned Administrative Officer. In that view of the mater, this Court is convinced that no other members of the Village Council had participated in the selection/election of the VDB Secretary but it was only the VDB members who had participated in the selection/election process wherein, the respondent No.6 was declared elected. It was only thereafter that the official respondents after proper verification had issued the order dated 18.01.2022 appointing members of VDB Management Committee of Ashaa village wherein, the respondent No.5 was appointed as VDB Secretary in terms of selection held by the VDB members on 13.11.2021. 15. Accordingly, in view of the discussion made hereinabove, I see no merit in the present writ petition and the same is accordingly dismissed. No costs.