UKRESTO SUN Vs. AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioners who claim to be the authorised persons representing Marbisu Sun Clan of Marbisu Sirdarship Elaka challenge the orders dated 19.12.90, Annexure-J as passed by the Executive Committee of the District Council holding that Kurban Clan is eligible to contest election in Political Case No. 1/89 and 15.3.92 Annexure-K declaring U. Alexious Kurbah, elected as Sirdar of Marbisu Elaka on the basis of his having secured the highest vote, as inherently lacking in authority and jurisdiction, they further pray for quashing the same.

(2.) The Sun Clan filed a petition before the Executive Committee seeking a declaration to the effect that only the members of the Sun Clan have the exclusive right to the office of the Sirdar of Marbisu Elaka of the Khasi Hills District in Meghalaya.

(3.) The claim as put forth by the Sun Clan was widely published in the Marbisu Elaka, this claim was challenged by the Kurbah Clan, the Executive Committee, on the basis of evidence both documentary and oral, as placed before it held that the Kurbah Clan was eligible to contest and hold the office of Sirdar of marbisu Elaka, vide order dated 19.12.90, Annexure-I which is challenged in this petition. Election to the post of Sirdar was held on 9.3.92 wherein Kurbah was allowed to contest and was declared elected.