AI Structured Summary
Not yet generated for this judgment
Judgment
The petitioner, said to have been elected as Waheh Shnong of Ummulong village on 07.02.2015 for a term of three years, has filed this writ petition questioning the decision dated 07.11.2017 as taken by the Executive Committee of Jaintia Hills Autonomous District Council, Jowai ["JHADC"] and the consequential order dated 24.11.2017 for removing him from the office of Waheh Shnong.
It was, inter alia, contended on behalf of the petitioner that the whole exercise conducted by the official respondents against him had been violative of the principles of natural justice and fair play where he was not afforded adequate opportunity of hearing with reference to the complaints alleged to have been made against him. On the other hand, the impugned orders were sought to be supported on behalf of the respondents and it was also pointed out that the order of removal of the petitioner could have been challenged in appeal under Section 29 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. However, after having examined the record and after finding that essential fault on the part of the petitioner, on which the JHADC proceeded to take action against him, was of not convening Dorbar Shnong despite direction from the Dolloi, this Court pondered over the question if, instead of directly displacing an elected representative like the petitioner, he be given an opportunity to convene the Dorbar at the earliest?
Learned counsel for the respondents took some time to take appropriate instructions and has now reverted to the Court with the submissions that the respondents would be willing to withdraw the orders impugned if Dorbar Shnong is convened at the earliest. Learned counsel for the petitioner has also expressed readiness on the part of the petitioner to do so. Learned counsel for the parties have placed on record their propositions in writing which read as under:-
On reconsideration of the matter concerning the office of Headman (Waheh Shnong) of Ummulong Village, the respondents
(JHADC) begs to offer the following proposal, to address the grievances of the petitioner as well as the residents of Ummulong Village for the well being and welfare of all the residents.
The impugned decision dated 07.11.2017 and order dated 24.11.2017 shall be revoked.
The General Dorbar should be convened by the Petitioner within 1 (one) week preferably on the 12th December, 2017 with the Dolloi of Jowai Shri. Puramon Kynjing as an Observer.
The General Dorbar shall ascertain the confidence enjoyed by the petitioner and shall also hear the complaints and grievances of the villagers.
Thereafter, the Dolloi shall file a Report to the Executive Committee, JHADC on the Dorbar proceedings.
The Executive Committee, JHADC shall take appropriate action on the basis of the Report in accordance with law.
The matter being sensitive, the District Administration is to be requested to provide adequate security so that the proceedings are conducted in a peaceful and orderly manner.
Settled by:
Shri. HS Thangkhiew, Sr. Advocate for the respondents No.1 and 2
Shri N.D. Chullai, Sr. Advocate for the Writ Petitioner.
Date:05.12.2017
The propositions aforesaid, made in all fairness by the learned counsel for the parties, appear to be in accord with law and also in accord with the spirit of maintaining sanctity of the grass-root level units of village administration.
Thus, in the totality of the facts and circumstances, it appears appropriate to annul the impugned orders dated 07.11.2017 and 24.11.2017 but with the requirement of convening Dorbar Shnong at the earliest.
Accordingly and in view of the above, the impugned orders dated 07.11.2017 and 24.11.2017 stand annulled but with the requirement that the Dorbar Shnong Ummulong village shall stand convened on 12.12.2017.
It shall be permissible for the parties to make appropriate arrangements for holding of Dorbar in accordance with law and for that matter, it shall be permissible for the respondents to instruct the Dolloi concerned to attend the meeting as an observer and to submit his report of the meeting to
JHADC. It shall also be permissible for the respondents to make a request to the district administration to make adequate arrangements for orderly holding of Dorbar including security arrangements. It goes without saying that it shall be permissible for the respondents to take appropriate decision in the matter in accordance with the proceedings of Dorbar and with reference to the report of Dolloi concerned.
The writ petition stands disposed of accordingly.
No costs.