LALDOTHANG KHAWJAL Vs. LALVUANA HMER AND OTHERS

JUDGEMENT

(1.) The petitioners in these four petitions pray, inter alia, for Writs of Prohibition directing the Assistant District Judge No. 1, Nowgong-cum-Commissioner (Election Petitions), North Cachar Hills, Haflong, not to proceed with the election cases pending with him, and for Certiorari quashing his order dated 10.8.81 pissed in each election case, namely, Misc. (E) Case Nos. 1/80, 3/80. 4/80. and 2/80 as the petitions involve a common question of law, we propose to dispose of them by this common judgment.

(2.) The petitioner in Civil Rule No. 741/81, Shri Laldothang Khawjal of Haflong was declared elected from No. 5 Jenam Valley Constituency of North Cachar Hills District Council (hereinafter referred to as 'the District Council')in the District Council election of 1980. The first respondent Lalvuana Hmer filed an election petition being Misc. (E) Case No. 1/80 which is being tried by the Assistant District Judge No. 1, Nowgang-cum-Commissioner (Election petitions), North Cachar Hills, Haflong (hereinafter referred to as "the Commissioner"). The petitioner in Civil Rules No. 742/81 and 743/81, Shri Ijirangbe Jema, of Haflong was elected from No. 22 Dibamlai Constituency of the District Council in the same election. The first respondents thereof, Shri Idambe Zeme and Smti. Isamle filed election petitions being Misc. (E) Case Nos. 3/80 and 4/80, respectively, which are being tried by the same Commissioner. The petitioner in Civil Rule No. 744/81, Shri Narendra Kemprai, was elected from No. 16, Diyungmukh Constituency of the District Council, against whom the first respondent Shri G.C. Langthasa has filed an election petition being Misc. (E) Case No. 2/80 which is also being tried by the Commissioner at Nowgong.

(3.) In all these election petitions, the petitioners, as respondents, filed written statements urging, inter alia, that the Assistant District Judge No. 1 Nowgong had no jurisdiction to hear and dispose of the election petitions as Commissioner inasmuch as he was not a person within the meaning of Rule 184 of the Assam Autonomous Districts (Constitution of District Councils) Rules, 1951 (hereinafter referred to as Rules'); and the notification appointing him as the Commissioner being not in conformity with Rule 184 read with Rule 180 of the Rules, it was bad and the Commissioner by virtue thereof could not hear and dispose of the election petitions. In each election case issues were framed. Issue No. 3 in Civil Rules 741, 742 and 744 of 1981 is-