SHRI WES BAMON, SON OF LATE KSAN SHNGEN OF BRISHYRNOT Vs. JAINTIA HILLS AUTONOMOUS DISTRICT COUNCIL, JOWAI AND OTHERS

JUDGEMENT

(1.) This writ petition involves the interpretation of matters relating to the United Khasi and Jaintia Hills Autonomous District (Appointment & Succession of Chief and Headmen) Act, 1959.

(2.) The brief facts of the case are summed up as below:

(3.) The respondent Nos. 1, 2, 3 entered appearance and submitted its affidavit and stated that the petitioner was no doubt a headman who is appointed only for a pen J of one year and in support of the aforesaid statement the respondent referred a communication of the petitioner dated 7th June, 1993. The appointment of the petitioner according to the District Council was also confirmed by the pro forma respondent No. 5 for a period of one year along with other office bearers. In the affidavit respondent Nos. 1 to 3 also mentioned some of the misconduct of the petitioner. From the document which is placed before me by the respondent Nos. 1 to 3 in its affidavit, it appears that respondent No. 3 advised pro forma respondent No. 5 the Chief of the Elaka to meet the executive member on 1 -2-96 at 11 am positively for interrogation and discussion on the matter by its letter dated 22-1-96 and thereafter on 1-2-96 the statement of the Dolloi in the meeting with Executive member in charge were recorded and the same was signed by the respondent No. 5 pro forma respondent. The same statement is extracted as below:--