HERMON RYNGSKAI Vs. JAINTIA HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) THE short question which falls for consideration in this writ petition is whether, on the facts and circumstances of the case, the dispute raised by the rival parties can be construed to be an election dispute, which should be decided only in accordance with Section 7(2) of United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959.

(2.) THE controversy arose when the District Council-respondents issued the impugned order dated 27-1-2011 (Annexure-1) authorizing the respondent No. 5, who is none other than the Dolloi of Elaka Darrang, to look after the administration of the village till a new Headman was appointed despite the claim of the petitioner that he was duly elected as the Headman of the village in accordance with the customary practice and usage. THE case of the petitioner is that following the expiry of the term of Shri Benedict Ryngksai as the Headman of Darrang village, a Durbar was convened on 16-1-2010 presided over by the private respondent as its Chairman wherein he was unanimously elected as the new Headman. On the same day, the respondent No. 5 along with the inhabitants of the village gave their approval to the election of the petitioner and authorized him to take charge and start working as the Headman in accordance with the custom prevailing in the Elaka. THE decision was thereafter sent to the District Council (respondent 1) on 17-1- 2010 for approval/recognition/confirmation. In the meantime, a dispute was raised by some clan concerning the said election of the petitioner from Ryngksai clan as the Head in the Durbar, which resulted in their filing representation by them to the Administrative Officer of the District Council for allowing them to elect their own Headman in accordance with the custom prevailing in the Elaka since time immemorial. However, this objection was withdrawn by some of the complainants in their letter at Annexure-V. Subsequently, while he was discharging the function of the Headman of the village, the impugned order was issued. Contending that the impugned order is illegal, arbitrary and mala fide. This writ petition has been filed by the petitioner.

(3.) THE procedures for the appointment and succession of Chiefs and Headman in the Autonomous Districts of the Khasi Hills and Jaintia Hills are governed by the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 ("the Act" for short). Section 3 of the Act says that subject to the provisions of the Act and the rules made thereunder, all elections and appointments of Chiefs or Headmen shall be made in accordance with the existing customs prevailing in the Elaka concerned. THEre is no dispute at the Bar that election to the post of Headman is to be conducted in accordance with "the existing customs prevailing in the Elaka concerned". Section 7 deals with the confirmation of Headmen, which reads thus: