JUDGMENT : Heard Mr. Jonathan L. Salio, learned counsel for the petitioners. None appears for the respondents despite notice. 2. On 12.07.2022, the petitioner No.1 has filed the affidavit stating service of notice by dasti process upon the respondent No. 1, 2, 3 & 4. This Court has also by order dated 14.07.2022 observed that notice upon all the respondents is deemed completed. By the said order, this Court has further observed that if the respondents are not represented again on the next date the court may consider taking up the matter for final disposal on the basis of the materials available on record in view of the issue involved including public interest. 3. The petitioners are elected members of the Udalthana-II Village Council, Lawngtlai District, Mizoram under Chakma Autonomous District Council (CADC). The petitioners were elected in the General Election conducted on 13.03.2020 in exercise of the power conferred under Rule-3 of the Chapter-I of the Chakma Autonomous District Council (CADC) (Election to Village Council) Rules, 2007. Consequent to the election of the petitioners, the respondent No.2 accorded approval for appointment of the petitioner No.1 as the President of Udalthana-II Village Council and the petitioner No.2 as the Vice-president of the said council. The Executive Body of Udalthana-II Village Council was thereafter formed with the petitioner No.1 as the President, the petitioner No.2 as the Vice-President and the petitioner No.3, 4, 5, 6 and 7 as the members. While, the petitioners were functioning as the Executive Body of said Village Council, a group of person lodged the complaint dated Nil against the petitioners for mismanagement of the affairs of the village council. The respondent No.1 & 2 accordingly issued the order No. 72/2021 dated 06.12.2021 appointing Shri. Mrinal Kanti Chakma, Assistant Local Administration Officer (ALAO) to immediately conduct verification on the complaint made against the petitioners. The enquiry was conducted by summoning the petitioners, complainant and also the Chakma Mahila Udalthana-II Branch and by recording their statements and consequent to which the Enquiry Officer on 16.12.2021 submitted the report. In the report, the Enquiry Officer gave a finding that the Village Executive Body did not commit any wrong or financial mismanagement and the allegation made against the petitioners were found to be false. 4. In the report, the Enquiry Officer gave a finding that the Village Executive Body did not commit any wrong or financial mismanagement and the allegation made against the petitioners were found to be false. 4. That however, in spite of the Enquiry Report submitted by the Assistant Local Administration Officer (ALAO), the respondent No. 2 issued the impugned notification dated 10.02.2022 suspending the Executive Body of Udalthana-II Village Council for a period of 3(three) months with immediate effect and appointing the respondent No.4 as the Administrator to look after the functions of the Village Council President without any financial benefits. 5. Mr. Jonathan L. Sailo, learned counsel for the petitioner firstly submits that in the impugned notification dated 10.02.2022, section 9 of the CADC (Village Councils) (Amendment) Act, 2011 has been wrongly quoted for section 14 and section 12 has been wrongly quoted for section 26. 6. Secondly, the learned counsel for the petitioner submits that although the allegation against the petitioners could not be substantiated in the enquiry, the respondents issued the impugned notification suspending the Executive Body of Udalthana-II Village Council without any valid grounds. 7. Thirdly, it is submitted that the impugned notification dated 10.02.2022 was served on the petitioners only by the whats app text and that too without any prior notice. It is also submitted that the suspension of the village council is for a period of 3(three) months w.e.f. 10.02.2022 and the 3(three) month’s period has lapsed. Therefore, on the expiry of the suspension period, the Executive Body of the Village Council must be restored to its original form. 8. Fourthly, the learned counsel submits that there is no provision either under the Chakma Autonomous District Council (Village Councils) Act, 2003 (hereinafter referred to as the Principle Act, 2003) nor under the Amended Act, 2011 to suspend the village council. The learned counsel submits that under the Act, 2003 and the Amended Act, 2011 there are provisions for dissolution of village council but not for suspension. The learned counsel therefore submits that the impugned notification dated 10.02.2022 was issued by the CADC without any authority of law. The learned counsel also submits that the appointment of the Enquiry Officer without any prior notice to the petitioners is bad in law. 9. The learned counsel therefore submits that the impugned notification dated 10.02.2022 was issued by the CADC without any authority of law. The learned counsel also submits that the appointment of the Enquiry Officer without any prior notice to the petitioners is bad in law. 9. In support of his submission, the learned counsel has referred to the case of Sangtimawii -versus LAI Autonomous District Council & Others, reported in 2017 (1) GLT 545, to contend that the appointment of the Enquiry Committee without any public notification as mandated by law is invalid and bad in law. The learned counsel has also relied in the case of Sh. Lalrinmuana & Others -versus-LAI Autonomous District Council & Others, reported in 2020 (5) GLT 622, to contend that when the village council is suspended without any notice there is a violation of natural justice. 10. Before adverting to the submission made by the learned counsel for the petitioner, the following provisions of law may be perused; Chakma Autonomous District Council (Village Councils) Act, 2003. Section 26. Dissolution of the village council. (1) The Executive Committee by public notification order the dissolution of a village council if in its opinion the village council is too inefficient or is not able to carry on the village administration or is acting in the manners prejudicial to the interest of the State or for any reasons considered sufficient for such dissolution and issue order for holding fresh election of the village council. Copies of all such order shall be sent to the Deputy Commissioner of the Lawngtlai District. (2) The Executive Committee may appoint any person or persons to assume charge of the village administration and also to act in the village council court during the period intervening between the dissolution of the village council and the completion of the election under the provisions of sub-section(1). (3) When any village council has been dissolved under the provision of sub-section(1), the Executive Committee at its meeting shall lay before the District Council in Session at its first meeting after such dissolution, all papers, connected therewith and the matter shall be opened for discussion by members of the District Council. (4) So long as the village council acts as the village court under the law, the village council so dissolved shall cease forthwith to function as village council court.” The Chakma Autonomous District Council (Village Councils) (Amendment) Act, 2011. (4) So long as the village council acts as the village court under the law, the village council so dissolved shall cease forthwith to function as village council court.” The Chakma Autonomous District Council (Village Councils) (Amendment) Act, 2011. Amendment to Section 6 Section 6 of the Principle Act shall be substituted by the following, namely- “(6). Duration of village council : (1) Every village council, unless sooner dissolved, shall continue for five years from the date of its first meeting appointed by the State Election Commission, provided that the existing village councils which have been elected before the commencement of the Chakma Autonomous District (Village Councils)(Amendment) Act, 2011 shall continue for not more than three years. (2) The process of election to a village council shall be completed before the term of the village council comes to an end. (3) In the case of dissolution of a village council, election for the new village council shall be completed within six months on the date of order of dissolution”. Amendment to section 14 In section 14 of the Principle Act, the following Clause shall be added namely-“(1) The Executive Committee shall have the rights to interfere in village administration in case of mismanagement of village council funds or mal-administration in the village council.” Amendment to section 26 : The following proviso shall be added to sub-section(1) of section 26 of the Principle Act, namely-“Provided that no such dissolution shall take place unless the village council has been given a reasonable opportunity to explain as to why it should not be dissolved.” 11. A perusal of the above provisions of law both under the Principle Act as well as the Amended Act shows that the village council can only be dissolved after affording a reasonable opportunity. No power has been vested in the Executive Committee, CADC to suspend the Village Council. Even under section 14 of the Amended Act, the Executive Committee, CADC has the right to interfere in village administration only in the case of mismanagement of the village council funds or for mal-administration. No power has been vested in the Executive Committee, CADC to suspend the Village Council. Even under section 14 of the Amended Act, the Executive Committee, CADC has the right to interfere in village administration only in the case of mismanagement of the village council funds or for mal-administration. In the present case, the allegation made against the petitioners were enquired into, but they were not found to be genuine and therefore, there was no occasion for the Executive Committee, CADC to have interfered in the village administration even assuming that the Executive Committee, CADC could have suspended the Village Council by invoking the powers under section 14 of the Amended Act, 2011. Furthermore, the impugned notification dated 10.02.2022, as submitted by the petitioners was served on the petitioners only by whats app text and that too without any prior notice/information thereby violating natural justice. So also the notification dated 10.02.2022 suspending the Executive Body of Udalthana-II Village Council was only for a period of 3(three) months and though that period lapsed on 10.05.2022 no further action was taken by the Executive Committee, CADC to restore the petitioners to their position as the elected members of the Village Council. The action of the respondents authorities in disallowing the petitioners to function as the duly elected members of Udalthana-II Village Council without assigning any valid reasons and indefinitely suspending the Executive Body of Udalthana-II Village Council, in the considered opinion of this Court, smacks malafide. As earlier observed there is no provision under the Act, 2003 nor the Amended Act, 2011 providing for suspension of the Village Council and even if assuming that the impugned notification was issued in exercise of the powers under section 14 of the Amended Act, 2011 no notice was issued to the petitioners before issuing the impugned Notification 10.02.2022. Considering all these facts and circumstances, this Court has no hesitation to set aside and quash the notification dated 10.02.2022 issued by the respondent No.2 suspending the Executive Body of Udalthana-II Village Council and appointing the respondent No.4 as the Administrator to look after the functions of the President of the said Village Council. 12. Considering all these facts and circumstances, this Court has no hesitation to set aside and quash the notification dated 10.02.2022 issued by the respondent No.2 suspending the Executive Body of Udalthana-II Village Council and appointing the respondent No.4 as the Administrator to look after the functions of the President of the said Village Council. 12. The respondent No. 1 & 2 shall forthwith restore the membership of the petitioners of Udalthana-II Village Council and allow the petitioners to function as the Executive Body of the said Village Council by permitting them to exercise all powers, duties and functions of the Village Council as the duly elected members of the Council for the remaining tenure unless otherwise dissolved in accordance with law. The directions above shall be complied with by the respondents not later than 30(thirty) days from today. 13. The writ petition accordingly stands allowed. No cost. 14. The Registry shall furnish a copy of this order to all the respondents through the Deputy Commissioner, Lawngtlai District, Mizoram within a period of 7(seven) days from today and the Deputy Commissioner, Lawngtlai District shall obtain the receipt of the notice served upon the respondents and file the same in the Registry of the Court.