U. WIEPSHON ROY THANGKHIEW Vs. DISTRICT COUNCIL AND ORS.

JUDGEMENT

(1.) THIS civil rule is directed against: the decision of the Executive Committee of the United Khasi -Jaintia Hills District Council, dated 23 -4 -63 holding that the Petitioner is not entitled to stand for election as he did not belong to the "Thangkhicw Lal Rpoh" clan who alone are eligible to stand for Basanship.

(2.) THE case of the Petitioner is as follows:

(3.) MR . If. Goswami, the learned Counsel for the Petitioner, forcefully contended that the Executive Committee was not competent to dispose of the matter under the customary law in force at the time, and that, in any case, the Executive Committee purported to act under the United Khasi and Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act. 1959, which came into force after the appeal to the Executive Committee had been ' preferred, which was illegal, and that under Rule 29 of the Assam Autonomous Districts (Constitution of District Council) Rules, 1951, the Executive Committee could only dispose of minor matters, and as the decision involved the question of eligibility to an important appointment like that of a Headman or Basanship, the action of the Executive Committee or its decision must have received the approval of the District Council to whom the matter should have been referred to, and, therefore, for these reasons the Executive Committee's decision was bad in law and, therefore, calls for interference by this Court in exercise of its extraordinary powers under Article 226 of the Constitution.