Gauhati High Court Confirms Voting Rights for Nagaland Gaonburas

Kohima: The Gauhati High Court Kohima Bench affirmed that appointed Gaonburas serve as ex-officio members of Village Councils with full voting rights. Justice Yarenjungla Longkumer issued the ruling on October 13, dismissing a writ petition that challenged the selection of the Old Jalukie Village Council chairman for the 2026 to 2031 term.

A former chairman initiated the legal challenge. He argued that the Head GB of Old Jalukie improperly allowed non-hereditary GBs to vote during a March 28, 2026, selection meeting. The petitioner contended that under Section 4 of the 1978 Act, only hereditary chiefs should hold such ex-officio status. He claimed that Zeliang customary practices rely on appointments rather than hereditary succession.

The State government countered this stance. Officials argued that GBs have served as essential participants in local administration and dispute resolution for decades. The state maintained that the term hereditary in Section 4 does not apply to all categories of leaders. The court agreed with this interpretation.

Justice Longkumer noted that statutory interpretation must account for the wider context and purpose of the law. The judgment states that the word “hereditary” should not automatically be extended to every category appearing after it in Section 4 of the Act. The court clarified that while the ruling confirms rights for all validly recognized GBs, it does not apply to individuals lacking official government appointment.

The court vacated all interim orders. It rejected the petition, allowing the selection of the new Old Jalukie Village Council chairman to stand.

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