I. C. CHAKRAVARTY Vs. KHASI HILLS DISTRICT COUNCIL

JUDGEMENT

(1.) THIS matter has arisen out of a reference made by the Assistant to the Deputy Commissioner, Shillong. The reference is as hereunder

(2.) THE core questions with which we are concerned is whether the trial of cases in the area falling within Mawkhar including Barabazar in the town of Shillong are to be tried under the Rules of Administration of Justice and Police in Autonomous District in Khasi-Jaintia Hills, 1937 or under the Autonomous District (Administration of Justice) Rules, 1953 by the District Council Court. Before dealing with the question of controversy and the arguments advanced by the learned counsel for the parties, it would be convenient to give a brief resume of the constitutional background leading to the formation of the Sixth Schedule which contains in relation to administration of tribal areas in Assam.

(3.) MR . N.M.Lahiri, the learned Advocate-General, Meghalaya submits that there are sufficient materials to show that Mawkhar including Barabazar was included in the Municipality of Shillong for a long time. In this connection the learned counsel refers to Draft Constitution, the debates in the Constituent Assembly as well as certain notification by which the Bengal Municipal Act as well as the Assam Municipal Act were extended to the area in question.