NA U SUKHLIAN Vs. JAINTIA HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(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 Sec. 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 Serial No. 02 Supplementary List Executive Committee is not in place, that being so, Tribunal cannot be constituted as such, remedy is not available.