SHELLSING LANGI Vs. JAINTIA HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) The petitioner, said to have been elected as Waheh Shnong of Ummulong village on 07.02.2015 for a term of three years, has filed this writ petition questioning the decision dated 07.11.2017 as taken by the Executive Committee of Jaintia Hills Autonomous District Council, Jowai ['JHADC'] and the consequential order dated 24.11.2017 for removing him from the office of Waheh Shnong.

(2.) It was, inter alia, contended on behalf of the petitioner that the whole exercise conducted by the official respondents against him had been violative of the principles of natural justice and fair play where he was not afforded adequate opportunity of hearing with reference to the complaints alleged to have been made against him. On the other hand, the impugned orders were sought to be supported on behalf of the respondents and it was also pointed out that the order of removal of the petitioner could have been challenged in appeal under Section 29 of the Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election, Appointment, Powers, Functions and Jurisdiction of Dolloi/Sirdar and Waheh Shnong) Act, 2015. However, after having examined the record and after finding that essential fault on the part of the petitioner, on which the JHADC proceeded to take action against him, was of not convening Dorbar Shnong despite direction from the Dolloi, this Court pondered over the question if, instead of directly displacing an elected representative like the petitioner, he be given an opportunity to convene the Dorbar at the earliest?

(3.) Learned counsel for the respondents took some time to take appropriate instructions and has now reverted to the Court with the submissions that the respondents would be willing to withdraw the orders impugned if Dorbar Shnong is convened at the earliest. Learned counsel for the petitioner has also expressed readiness on the part of the petitioner to do so. Learned counsel for the parties have placed on record their propositions in writing which read as under:-