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2019 DIGILAW 11 (MEG)

Bankupar Sutnga v. J. H. A. D. C.

2019-02-07

MOHAMMAD YAQOOB MIR

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JUDGMENT : 1. Viz-a-viz admission of this petition, heard learned counsel for the parties. 2. Admittedly, petitioner was elected as Waheh Shnong (Headman) of Village Sutnga, his term has expired on 24.03.2018. 3. Provision of the Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election Appointment, Powers, Function and Jurisdiction of Dolloi/Sirdar/Waheh Shnong) Act 2015 provides for holding elections in absence whereof, under Section 30 of the Act Dolloi/Sirdor has to recommend in writing to the Executive Committee name of the person for consideration of appointment of Acting Waheh Shnong, that too has not happened. Petitioner had communicated to the Dolloi/Sirdar to fix the date for conduct of election but prior thereto, on 10.01.2019, the Administrative Officer, Jaintia Hills Autonomous District Council, Jowai has informed the Dolloi/Sirdar to conduct the Dorbar for election of Headman at Village Sutnga which he has not responded. On 18.01.2019, the Administrative Officer, Jaintia Hills Autonomous District Council, Jowai has informed respondent No. 4 (Sirdar) that Selfdanial Lyngdoh is recognized as Acting Headman of the Village Sutnga. Aggrieved whereof, petitioner has filed the instant petition projecting therein, that the action of the respondent Administrative Officer is with a design i.e., appointment of respondent No. 5 will have direct or indirect impact on the upcoming District Council Election scheduled on 27.02.2019. 4. The contention of the learned counsel for the petitioner is that the Administrative Officer is not competent to issue such order whereas, learned counsel for respondents No. 1 to 3, the Administrative Officer had issued the order and has followed the decision taken by the District Council. 5. In order to make it clear as to what necessitated the appointment of Acting Headman, the records of the Executive Committee are required to be produced. As a matter of fact from 24.03.2018 till 18.01.2019 there was no Headman (Waheh Shnong) and the affairs were run by the Dolloi. The questions which arise are, (i) why elections of the Headman were not held? (ii) When the affairs were run by the Dolloi from March 2018 till 18.01.2019, what was the urgency warranting appointment of Acting Waheh Shnong in the month of January 2019? For addressing the raised questions at the first instance, learned counsel for respondents No. 1 to 3 to produce the records of the Executive Committee pertaining to subject for perusal of the Court. 6. List again on 11.02.2019.