EDIBOR CHYNE Vs. THE KHASI HILLS AUTONOMOUS

JUDGEMENT

(1.) WE have heard learned counsel for the parties and perused the pleadings of the writ appeal. Learned counsel for appellants submitted that learned Single Judge vide order dated 11 -02 -2014, in WP(C) No. 365 of 2012 and MC [WP(C)] No. 511 of 2012, closed the case of the appellants by committing error as the Acting Wahadadar of Shella Confederacy, East Khasi Hills, had no power to temporarily suspend the Secretary of Shella Village Durbar and his Durbar. The said order of Wahadadar of the Shella Confederacy was challenged by elected Members of Shella Village Durbar. Petitioner No. 1 was democratically elected as Assistant Secretary of the Durbar where as petitioner No. 2 was elected as a Member thereof. The order dated 11 -02 -2014, passed by learned Single Judge on reproduction would read as:

(2.) LEARNED counsel also referred to the order of the office of Wahadadar of the aforesaid Confederacy dated 28 -09 -2012, whereby the Secretary of Village Durbar and the appellants as elected Assistant Secretary and Member were suspended and restrained from functioning in any manner or call for any gatherings/meetings in the name of the Shella Village Durbar. They were also asked to appear before the Court of the office of Acting Wahadadar for trial on the Complaint/Objection Petition dated 30 -07 -2012. The office of Acting Wahadadar was directed to call for public meeting for selection of Acting Secretary and Members in the interim period in order to run the affairs of Shella Village Durbar in Shella Village. The order dated 28 -09 -2012, reads as:

(3.) THE Opposite Party did not appear before the Executive Durbar of the Hima (Elaka) held on 16.8.2012 in the office of the Hima (Elaka) at Shella Bazar (Hat) insite (sic) of having received the Notice dt. 7.8.2012 calling upon him to appear before the Executive Durbar at 12.00 Noon, he instead sent information in writing dt. 13.8.2012 in writing dt. 13.8.2012 stating that he is unable to attend. The Headman himself attended on 15.8.2012 at 1.00 PM on enquiry on the above Complaint/Objection Petition, he gave his replies (Statement) on the said date, the Executive Durbar decided to call again the Opposite Party for the second time on 28.8.2012 Vide Notice dt. 18.8.2012.