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Meghalaya High Court · body

2019 DIGILAW 15 (MEG)

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

2019-02-11

MOHAMMAD YAQOOB MIR

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JUDGMENT : 1. The term of the petitioner as Headman expired on 24.03.2018. In terms of the Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election Appointment, Powers, Function and Jurisdiction of Doloi/Sirdar/Waheh Shnong) Act 2015, the election was to be held in absence whereof, Dolloi/Sirdar had to recommend in writing to the Executive Committee in terms of Section 30 of the Act, name of the person for being considered to be appointed as Acting Waheh Shnong which has not happened. The petitioner claim to have communicated to the Dolloi/Sirdar to fix the date for conduct of election, Administrative Officer, Jaintia Hills Autonomous District Council, Jowai on 10.01.2019 informed the Dolloi/Sirdar to conduct the Durbar for election of Headman, which he has not responded. Then abruptly, on 18.01.2019 respondents No. 5 has been appointed as Acting Waheh Shnong which according to the petitioner has been done with a design so as to achieve the objective directly or indirectly in the upcoming District Council Election scheduled on 27.02.2019. 2. It is an admitted fact that from 24.03.2018 to 18.01.2019 there was no Headman (Waheh Shnong) and the affairs were run by the Dolloi which in turn gave rise to two questions, (i) why the election of the Headman was not held? and, (ii) when the affairs were run by the Dolloi from March 2018 to 18.01.2019, what was the urgency warranting appointment of the Acting Waheh Shnong in the month of January 2019? 3. Learned counsel for respondents No. 1 to 3 has produced the records, perusal of which reveals that no reason regarding urgency for appointing Acting Waheh Shnong has been recorded. The contention of the learned counsel for the petitioner is that after a gap of nearly one year, appointment of Acting Waheh Shnong is with a design so as to have impact on District Council election, furthermore, to negate the right of the petitioner in contesting for Headman. 4. It is quite clear that when the affairs were run by the Dolloi from 24.03.2018 till 18.01.2019, same Dolloi will continue until holding of election except for any urgency necessitating appointing of Acting Waheh Shnong. Though in normal course urgency or no urgency, Acting Waheh Shnong can be appointed but non-appointment for a period of less than one year allowing Dolloi/District Council to run the business cannot be ignored. Though in normal course urgency or no urgency, Acting Waheh Shnong can be appointed but non-appointment for a period of less than one year allowing Dolloi/District Council to run the business cannot be ignored. Therefore, appointing of Acting Waheh Shnong in the month of January 2019 should have been for some reasons. Appointment of Acting Waheh Shnong in the aforesaid background is unsustainable. 5. Suffice it to say that the respondents shall take steps for holding the election and to appoint an elected Headman with promptitude. Until election of Headman, the affairs shall be run by the District Council itself or by the Dolloi as shall be deemed appropriate. The records as produced by respondents No. 1 to 3 after perusal is returned to him in open court. 6. Disposed of as above.