EURIDITH SUTNGA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. D. Das, learned counsel for the petitioner and also heard Mr. K.S. Kynjing, learned senior counsel assisted by Mr. K. Sunar, learned counsel for the respondents-District Council Court Jowai.

(2.) The facts leading to the filing of this writ petition is that the respondents-District Council had issued a notification on 29.04.2003 for holding of an election of Doloi of Sutnga Doloiship fixing 26.5.2005 as the date of election and the date for counting was fixed on 27.5.2005. The election was accordingly held on 26.05.2005, however, the result was not declared on 27.5.2005 as fixed in the notification. The petitioner, therefore, approached this Court in WP(C) 165(SH)2005 seeking for a direction to the respondents-District Council to count the votes. This Court disposed of that writ petition by the order dated 01.06.2005 directing the respondents to declare the result of the election at the earliest preferably within three days from the date of the order. Accordingly, the result was declared on 06.06.2005 and the result of the election was issued by the Returning Officer on 6.6.2005.

(3.) According to the result of the election the petitioner who has secured the highest votes was declared elected for appointment as the Doloi of Sutnga Elaka. After the result was declared, the appointment of the petitioner as Doloi of Sutnga Elaka was not approved by the District Council for which the petitioner submitted representations dated 27.06.2005 and 11.07.2005, but no response was received by the petitioner from the respondents-District Council. The petitioner having no alternative has approached this Court by this petition for a direction to the respondents- District Council to allow him to take over the charge of the office of the Dolloi of Sutnga Elaka and to function as the Doloi of Sutnga Doloiship on the basis of this elbction.