U. BISTOBOR AND ORS. Vs. THE MEMBERS OF THE VILLAGE COURT

JUDGEMENT

(1.) THIS is a petition under Rule 6 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954. The case of the Petitioners is that they are residents of Lyngkhom Elaka and that the opposite parties are the members of the Village Court of Tyngnger Elaka within the Khasi -Jaintia Hills District. The Petitioners all along lived in the Lyngkhom Elaka and never submitted to the jurisdiction of the Village Court of Tyngnger Elaka. On 22 -5 -59 the opposite parties submitted a report before the Wahadadar of Sheila Confederacy alleging that the members of the village Durbar of Tynger had sent them a report that the Petitioners who were inhabitants of the Tynger Elaka refused to pay subscription of Rs. 1 per house as directed by the Village Durbar for meeting the expenses for the construction of Mawsynlim bridge. The opposite parties further alleged that on receipt of the report they issued summonses on the Petitioners to appear before them but that the Petitioners refused to do so. The opposite parties considered this to be a contempt of Court and directed the Petitioners to pay a fine of Rs. 25 each and further directed to pay a subscription of Rs. 1 per house. The apposite parties moved the Wahadadar for realisation of the above amounts.

(2.) THE Judge of the District Council Court found that the Petitioners were residents of Tynger Elaka. He also found that there was custom that the village Durbar could call for contribution from the public for a public purpose. But it should be remembered that any compulsory levy is a tax and the contribution of Rs. 1 per house which is being demanded in the present case is nothing but tax Under Article 265 of the Constitution of India no tax can be levied or collected recept by authority of law. It is, however, argued before me that there is a customary law for the levy of the aforesaid compulsory contribution. But after the constitution of District Councils, the right to impose certain taxes has been given to such a Council under the provisions laid down in the Sixth Schedule to the Constitution. Under Part 8(3)(d) of that Schedule taxes for maintenance of schools, dispensaries or roads can be levied by the District Council. Road will include bridges over roads Hence a tax of the aforesaid kind cannot be levied by a village Durbar. in an autonomous district. It can be levied only be the District Council.