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Meghalaya High Court · body

2019 DIGILAW 41 (MEG)

Na U Sukhlian v. Jaintia Hills Autonomous District Council

2019-02-20

MOHAMMAD YAQOOB MIR

body2019
JUDGMENT : 1. Impugned is a notification dated 14.01.2019 issued by respondent No. 3 in terms whereof, it has been notified that the Executive Committee, Jaintia Hills Autonomous District Council, Jowai has appointed respondent No. 5 as Acting Dolloi of Nongkhlieh Elaka Vice Shri Na U Sukhlain Dolloi under suspension. 2. Learned counsel for respondents No. 1 to 4 raised a preliminary objection to the effect that the petitioner has an efficacious remedy under Section 11 (4) of the Jaintia Hills Autonomous District (Establishment of Elaka and Village and Election, Appointment, Powers, Functions and Jurisdiction of Dolloi/Sirdar and Waheh Shnong) Act, 2015 hereinafter referred to as "Act of 2015". In addition thereto, has produced a copy of the Minutes of the Executive Committee dated 08.01.2019. 3. According to learned counsel for the petitioner the copy of the Minutes of the Executive Committee dated 08.01.2019 is suspicious because the meeting is shown to have been held on 08.01.2019 whereas, beneath the signatures of five members, date recorded is 14.01.2019, the order impugned was also issued on 14.01.2019, to him it appears that the Minutes have been predated. In addition thereto, he submits that the Executive Committee is not in place, that being so, Tribunal cannot be constituted as such, remedy is not available. 4. Mr. N. Mozika learned counsel for respondents No. 1 to 4 would submit that in terms of Section 29 of the Act of 2015, the Tribunal can be constituted by the Executive Committee, which is in place. 5. Time is of essence, the Tribunal has to be constituted by the Executive Committee after appeal is received by the Secretary, Executive Committee. 6. Considered the submissions, it is trite that when an efficacious remedy is available, as a matter of practice, extraordinary jurisdiction under Article 226 of the Constitution of India cannot be invoked. In terms of Section 10(2) an appeal against the order of Executive Committee shall lie to a Tribunal to be constituted by the Executive Committee and the Tribunal has to dispose of the appeal within thirty days. 7. Since it is assured by the learned counsel for respondents No.1 to 4 that the Executive Committee is in place, therefore, learned counsel for the petitioner, if so chooses shall file the appeal by tomorrow. On so filing, the Executive Committee shall constitute the Tribunal within two days. 7. Since it is assured by the learned counsel for respondents No.1 to 4 that the Executive Committee is in place, therefore, learned counsel for the petitioner, if so chooses shall file the appeal by tomorrow. On so filing, the Executive Committee shall constitute the Tribunal within two days. The Tribunal, thereafter, shall dispose of the appeal with promptitude or otherwise as per Section 10(2)(c) has to be disposed of within thirty days. 8. In the aforesaid background, petition shall stand disposed of. However, disposal of this petition will not preclude the petitioner from working out all remedies if required as shall be available as against the order of the Tribunal. 9. Disposed of as above. 10. Copy of the order be supplied to learned counsel Mr. N. Mozika for ensuring compliance.