U. PRELLYSHON LYNGDOH NONGUM Vs. EXECUTIVE COMMITTEE, DISTRICT COUNCIL, UNITED KHASI-JAINTIA HILLS AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 30 -1 -67 passed by the Executive Committee, District Council, United Khasi -Jaintia Hills and the order dated 3 -2 -67 passed by the Chief Executive Member, District Council, United Khasi -Jaintia Hills. Shilling.

(2.) THE Petitioner's case is that in the year 1954 the office of the Myntri from the Lyngdoh Nongum clan fell vacant and the Durbar of Nongkhlaw Syiemship issued a parwana dated 15 -2 -54 to the said clan to elect a Myntri from it. The election was held on 21 -5 -56 and the Petitioner secured 23 votes as against 7 votes secured by his nearest rival U Siton Lyngdoh Nongum and accordingly the Petitioner was duly elected as a Myntri from the Lyngdoh Nongum clan and the election was confirmed by the Syiem of Nongkhlaw and his Durbar and this fact was reported to the Executive Committee, District Council United Khasi -Jaintia Hills (Respondent No. 1) on 29 -5 -56. In the said election, U Hedri Lyngdoh Non -gum (Respondent No. 3) was not a candidate. Thereafter, U Siton Lyngdoh Nongum filed an application to the Executive Member. District Council against the election and confirmation of the Petitioner as Myntri of the Durbar of Nongkhlaw Syiemship. The Executive Member, by his order dated 18 -9 -57 held that the Petitioner was not qualified to be a candidate in the election and that U Siton Lyngdoh Nongum secured 17 votes and that 13 of the 23 votes secured by the Petitioner were invalid. The Petitioner thereafter filed a civil suit being Title Suit No. 1/58 in the Subordinate District Council Court, praying for a declaration inter alia that he was duly elected Myntri on the result of the election held by the Syiem. of Nongkhlaw. Issue No. 10 in that suit was as follows:

(3.) THE point that falls for determination in the case is whether the order dated 30 -1 -67 passed by the Executive Committee and the order dated 3 -2 -67 passed by the Chief Executive Member of the District Council were within their jurisdiction and were legally valid.