U WELL LYNGDOH AND ORS. Vs. B.M. ROY AND ORS.

JUDGEMENT

(1.) THESE are applications under Article 226 of the Constitution. Far the sake of convenience, they were heard together because they involve identical questions for determination except for some difference on facts.

(2.) CIVIL Rule No. 49 is on behalf of one U well Lyngdoh who claims to be the acting Daloi of Jowai Elaka and had been functioning as such since 11 -12 -1954. He has prayed for a writ of mandamus against the opposite party including the Chief Executive Member of the District Council, United Khasi and Jaintia Hills, Shillong, restraining him from terminating, the service of the petitioner and reinstating the opposite party No. 2 as the Daloi, who previous to the acting appointment of the petitioner had been functioning as such.

(3.) THE relevant rules bearing on the point are Rules 28 and 29 of the Assam Autonomous Districts (Constitution of District Councils) Rules, 1951. Rule 28 runs as follows: