BANKUPAR SUTNGA Vs. J H A D C

JUDGEMENT

(1.) The term of the petitioner as Headman expired on 24.03.2018. In terms of the Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election Appointment, Powers, Function and Jurisdiction of Doloi/Sirdar/Waheh Shnong) Act 2015, the election was to be held in absence whereof, Dolloi/Sirdar had to recommend in writing to the Executive Committee in terms of Sec. 30 of the Act, name of the person for being considered to be appointed as Acting Waheh Shnong which has not happened. The petitioner claim to have communicated to the Dolloi/Sirdar to fix the date for conduct of election, Administrative Officer, Jaintia Hills Autonomous District Council, Jowai on 10.01.2019 informed the Dolloi/Sirdar to conduct the Durbar for election of Headman, which he has not responded. Then abruptly, on 18.01.2019 respondents No. 5 has been appointed as Acting Waheh Shnong which according to the petitioner has been done with a design so as to achieve the objective directly or indirectly in the upcoming District Council Election scheduled on 27.02.2019.

(2.) It is an admitted fact that from 24.03.2018 to 18.01.2019 there was no Headman (Waheh Shnong) and the affairs were run by the Dolloi which in turn gave rise to two questions, (i) why the election of the Headman was not held? and, (ii) when the affairs were run by the Dolloi from March 2018 to 18.01.2019, what was the urgency warranting appointment of the Acting Waheh Shnong in the month of Jan. 2019?

(3.) Learned counsel for respondents No. 1 to 3 has produced the records, perusal of which reveals that no reason regarding urgency for appointing Acting Waheh Shnong has been recorded. The contention of the learned counsel for the petitioner is that after a gap of nearly one year, appointment of Acting Waheh Shnong is with a design so as to have impact on District Council election, furthermore, to negate the right of the petitioner in contesting for Headman.