EWANLANGKI E RYMBAI Vs. JAINTIA HILLS DISTRICT COUNCIL

JUDGEMENT

(1.) THESE appeals by special leave are directed against the common judgment and order of the Gauhati High Court dated 21 st July, 2003 in Writ Petition (C) No. 6541 of 2001 [WP (C) No.221 (SH)/2002] and Writ Petition (C) No. 6542 of 2001 [WP (C) No.222(SH)/2002] whereby the High Court dismissed the writ petitions filed by the appellants herein.

(2.) APPELLANT Ewanlangki-e Rymbai, a Christian by faith is a member of the Jaintia Scheduled Tribe. The other appellant, namely Elaka Jowai Secular Movement is represented by its Vice Chairman and executive member. In both the writ petitions the constitutional validity of Section 3 of the United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 (hereinafter referred to as 'the Act of 1959') has been challenged. The writ petitions also challenged the notice dated August 28, 2001 issued by the Jaintia Hills Autonomous District Council, Jowai declaring the programme for the election of Dolloi in the Elaka Jowai and also the notice dated September 4, 2001 issued by the Secretary, Executive Committee, Jaintia Hills Autonomous District Council, Jowai.

(3.) IT is not disputed before us that Dolloi performs Administrative as well as religious functions and a Christian cannot perform the religious functions which are performed by Dolloi. However, the appellants have impunged Section 3 of the Act of 1959 and the notifications issued on the following grounds:-