DEWIN GABIL MOMIN W/O LT KHIMRANG MANDA SANGMA Vs. GONOTH MANDA SANGMA, TUNILA GABIL GANJET MARAK, GARO HILLS AUTONOMOUS THROUGH CHIEF EXECUTIVE MEMBER AND EXECUTIVE MEMBER

JUDGEMENT

(1.) The challenge made in this writ petition are the Annexures- F, G and H orders dated 18.02.85, 09.02.99 and 30.08.04 respectively passed by the Executive Member, In-charge Revenue, Garo Hills District Council and the Chief Executive Member, Garo Hills Autonomous Council, Tura respectively determining the Nokmaship of the particular clan, namely Sasatgiri Akhing. While by the first impugned order dated 18.02.85, it has been held the respondent No. 1 and 2 are entitled to get appointment as Nokma of Sasatgiri Akhing and the appointment as such of the petitioner is liable to be cancelled on the purported forfeiture of her right to continue as such, by the second order dated 09.02.99 affirmed on review by order dated 30.08.04, it has been held that the petitioner is entitled to continue as Nokma of the Akhing during her life time only. It has also been held and ordered that the respondent No. 1 be appointed as Nokma of the Akhing to the exclusion of the respondent No.

(2.) whose name shall be recorded only after the death of the petitioner subject to the condition indicated in the order. 2. Sasatgiri Akhing, according to the petitioner belongs to Momin clan. As per Annexure-A Genealogical chart (certified one), Khilpang Sangma was the first registered Nokma of the Akhing. In the said certified copy the names of the other Nokmas stand recorded in the ascending order, the last one being that of Dewin Gabil Momin, i.e. the petitioner. For a ready reference, the said chart is reproduced below:

(3.) The working of the Akhing and running of its affairs including the appointment of Nokma is governed by Garo Customary Law. There is no dispute that the petitioner became the Nokma of the Akhing and to that effect an order was passed by the Deputy Commissioner on 04.08.47. The order so passed was upon hearing the parties including the respondents or their predecessors. For a ready reference the order dated 04.08.47 alongwith with order dated 19.07.47 are reproduced below: