Stephanson Laloo v. Khasi Hills Autonomous District Council, represented by its Secretary
2015-07-15
T.NANDAKUMAR SINGH
body2015
DigiLaw.ai
ORDER : Heard Mr. HL Shangreiso, learned counsel for the petitioner and Ms. PS Nongbri, learned counsel for the respondents No.1-4. 2. Taking into consideration of the limited prayer sought for in the present writ petition, this writ petition is taken up for disposal at the Motion stage. The main prayer sought for in the present writ petition is for a direction to the respondents-KHADC to conduct the election to the post of Sirdar (Chief) of Hima Mawlong and complete within a period of one month. 3. The concise fact of the case leading to the filing of the present writ petition is noted. The United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 (for short ‘the said Act of 1959’) was enacted by the Khasi Hills Autonomous District Council (for short ‘KHADC’) to regulate the system of election, nomination and removal/suspension of the Syiem, Sirdar (Chief), Acting Sirdar (Chief) and Headmen under its jurisdiction. Hima Mawlong is one of the Sirdarships in Appendix 2 of the said Act of 1959. The post of Sirdar (Chief) is to be elected in compliance with the provisions of the United Khasi-Jaintia Hills Autonomous District (Administration and Election of Sirdar of Mawlong) Act, 1960 (for short ‘the said Act of 1960’) by the villagers not less than 18 years of age. The list of the voters i.e. electoral roll is to be prepared by the KHADC under Section 9 of the said Act of 1960. After the demise of the elected Sirdar (Chief) (L) T. Kharawboklang Iangrai, the respondent No.3 vide order dated 16.05.2014 in exercise of his powers vested under Section 11 of the said Act of 1959, had appointed the writ petitioner as an Acting Sirdar (Chief) of Hima Mawlong to run the administration of the Hima before electing the full fledged Sirdar (Chief) until further orders. 4. It is the further case of the petitioner that the petitioner had taken up steps for preparation of the electoral roll for electing the Sirdar (Chief) of the Hima Mawlong. The Returning Officer of the KHADC i.e. respondent No.5 under his letter dated 18.02.2015 directed the Acting Sirdar (Chief) Hima Mawlong i.e. the writ petitioner to prepare the list of the voters for election of the full fledged Sirdar (Chief) of Hima Mawlong.
The Returning Officer of the KHADC i.e. respondent No.5 under his letter dated 18.02.2015 directed the Acting Sirdar (Chief) Hima Mawlong i.e. the writ petitioner to prepare the list of the voters for election of the full fledged Sirdar (Chief) of Hima Mawlong. It is the further case of the petitioner that in pursuance of the said direction of the respondent No.5, the petitioner had prepared the voters list. Ms. PS Nongbri, learned counsel for the respondents No.1-5 submits at the Bar that the petitioner had taken a considerable time in preparation of the voters list. It is also the submission of the learned counsel for the respondents No.1-5 that because of the delay in preparation of the voters list by the petitioner, the respondent No.4 issued the impugned order dated 09.07.2015 for appointing the respondent No.6 as Acting Sirdar (Chief) of Hima Mawlong. Mr. HL Shangreiso, learned counsel for the petitioner contended that the petitioner has not yet handed overcharge of the office of Acting Sirdar (Chief) of Hima Mawlong to the respondent No.6. Ms. PS Nongbri, learned counsel for the respondents No.1-5 contended that the full fledged Sirdar (Chief) of Hima Mawlong is to be elected in compliance with the provisions of the said Act of 1960. Mr. HL Shangreiso, learned counsel for the petitioner is not disputing the submission of Ms. PS Nongbri, learned counsel for the respondents No.1-5. 5. It is the unanimous submissions of the learned counsel appearing for the parties that for better administration of Hima Mawlong full-fledged Sirdar (Chief) is required to be elected. On Considering the submissions of the learned counsel appearing for the parties and also in the interest of Hima Mawlong, this writ petition is disposed of by directing the respondents No.1-5 to hold election of Sirdar (Chief) of Hima Mawlong within a period of one month from the date of receipt of a certified copy of this judgment and order. It is also made clear that the writ petitioner shall cooperate with the respondents No.1-5 in conducting the election. In the interregnum, the writ petitioner is allowed to function as Acting Sirdar (Chief) of Hima Mawlong. 6. Writ petition is disposed of with the above directions.