Ewanlangki-E-Rymbai vs Jaintia Hills District Council And ...

We may notice at the threshold that Jowai District is an autonomous District to which the provisions of Sixth Schedule of the Constitution of India apply in view of the provisions of Article 244(2) of the Constitution of India. The brief historical background in which the aforesaid autonomous district was created may be noticed at this stage :-

Under Appendix III Jowai has been specified as an Elaka, headed by a Chief who would be a Dolloi. Apart from challenging the constitutional validity of Section 3 of the Act of 1959, appellants also challenge the validity of the notice issued by the Secretary of Executive Committee of Jowai District dated September 4, 2001 which is reproduced below :-

On a consideration of the material placed before it the High Court came to the conclusion that a custom prevailed in the Elaka Jowai which on account of its long practice and by common consent acquired the status of a governing rule for election and appointment of Dolloi to perform both administrative and religious functions. The fact that the Dolloi in Elaka Jowai is required to perform both administrative and the religious functions as prevalent by custom is not disputed. What was submitted on behalf of the appellants was that 2 persons could be called upon to perform those duties, one performing the administrative duties and the other the religious functions. Only 2 instances were cited when Christians were appointed as Dolloi of Elaka Jowai. In the year 1890 an attempt was made to install a person who had converted himself into Chiristianity as Dolloi of Elaka Jowai, but he had to face the wrath of the people in performing the religious functions and ultimately had to resign from the post. In the other case the Dolloi had to be removed by issuance of an order of termination. The High Court found that since time immemorial the custom is to appoint one Dolloi who has to perform both administrative as well as religious functions. Moreover under the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 (Act No.11 of 1959) "service land" and "puja land" were given to Dolloi who was appointed as the "Chief". "Service land" which was revenue free land was held and cultivated by the Chief or the Headman in lieu of monetary remuneration for services rendered. "Puja land" was revenue free land held and cultivated by him and the income yielded therefrom utilized by him in meeting expenses connected with the religious performances according to customs of the Elaka. The High Court, therefore, recorded a finding that there was a custom prevalent for a long period which was invariably practiced to the effect that the "Chief", namely the Dolloi must perform administrative as well as religious duties. There was no customs to appoint two Dollois one for the performance of administrative duties and the other for the performance of religious functions. Deviation for a short period on account of existing emergency which needed immediate correction did not derogate from its character as a custom. The High Court concluded thus :-

In the result these appeals fail and are dismissed.