Thursday, February 22, 2024

High Court orders contradictory, Dorbar alleges

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‘JHADC has no right to conduct Pator election’

From Our Correspondent

 JOWAI: An order issued by the Shillong Bench of the Gauhati High Court recently in which the Court has directed the Jaintia Hills Autonomous District Council (JHADC) to hold election of Pator at Sumer Patorship under Elaka Raliang in Jaintia Hills district has confused the Elaka Dorbar as the order contradicts another order issued few years ago by the same Court.

The Elaka Dorbar has lodged a protest with the JHADC informing of the contradictory court orders and appealing to the JHADC to follow the old tradition and practice in election and appointment of Pator at Sumer Patorship under Elaka Raliang.

According to the Elaka Dorbar, the election of Pator should be as per section 3 of the United Khasi Hills and Jaintia Hills Autonomous District (Appointment and Succession of Chief and Headman) Act 1959 and cancellation of Notification order dated January 1980.

As per the custom and usages prevailing in Elaka Raliang, the appointment or election of Pator at Sumer-Patorship was conducted by the Dolloi and the Dorbar only. The JHADC has never conducted any election of Pator in the past, the Dorbar alleged.

It may be mentioned that a High Court division bench had on July 1, 1982 under civil rule No. 199/80 directed that election to the post of Pator should be conducted by the Dolloi as per section 3 of the of the United Khasi Hills and Jaintia Hills Autonomous District (Appointment and Succession of Chief and Headman) Act 1959.

But on December 10, 2010 the same Court issued another order directing the JHADC to conduct the election of Pator within 45 days. The Council immediately filed a petition in the Court seeking extension of the deadline. Following this the Court issued a fresh order on June 24 last directing the Council to hold the election within 45 days. Following the Court order, the JHADC has set the election process in motion with issue of the election notification.

“The recent High Court orders have violated our custom and usages,” a statement issued by Elaka Dorbar read.

The Elaka Dorbar also informed that the previous election of Pator held on January 17, 2006 was conducted by the Dolloi and the Elaka Dorbar in a peaceful manner.

The Elaka Dorbar has appealed to the JHADC to help them preserve the traditional practice as endorsed by the Sixth Schedule of the Constitution of India and allow the Dolloi to conduct the election of Pator within the Elaka Raliang without interference.

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