‘Traditional bodies have to be answerable to District Council’
SHILLONG: Taking the attack to the Hima, KHADC Chief Executive Member (CEM) Ardent Miller Basaiawmoit said that the Executive Committee (EC) would not allow the traditional institutions to undermine the powers of the District Council.
“The traditional institutions would have to be answerable to the District Council,” Basaiawmoit said while replying to the motion moved by opposition leader Pynshngaiñ N Syiem on the second day of the Council’s Summer Session here on Tuesday.
He also stressed on the need to bring about some kind of transparency and accountability in the functioning of the Hima.
“At present, there is no mechanism in place to regulate the functioning of the traditional institutions,” KHADC CEM said.
The KHADC CEM pointed out that as per the provisions of the Sixth Schedule of the Constitution the powers and functions of the traditional institutions fall under the overall control and supervision of the District Council.
Stating that the EC has no intent to act as a dictator, he said the stringent measures are taken while keeping in mind the interest of the indigenous population residing in the various Hima.
On the controversy over the attempt of the present EC to empower the masses by giving them the power to vote in the election of the Syiem, Basaiawmoit said that the Syiem cannot be considered to be the supreme authority since his duty is to serve the people.
While justifying the decision to allow indigenous males to vote in the election of the Syiem of Malaisohmat Syiemship, Basaiawmoit said that this is not the first time that a popular election was held for election of the Syiem.
He recalled that U Jor Manick Syiem, after the death of the Hain Manick Syiem during the late 18th century had conveyed there were four legal contestants to occupy the throne.
“The British found it difficult to arrive at any conclusion as to who would be the rightful claimant to the Mylliem Syiemship. It finally decided to hold a popular election on March 11, 1897 at Pynthorumkhrah Ground (now Polo Ground. One of the contestants Ron Sing was unanimously elected,” the KHADC CEM stated.
While referring to the case in 1961 between T Cajee and Jormanik Syiem (Syiem of Mylliem), he recalled that the Supreme Court had to deal with the administrative power of the District Council.
“In this case, the Syiem was elected as per custom in 1951. According to the custom, the Syiem cannot be removed from office except through reference until such custom was changed by legislation. No such legislation was passed till the Syiem was suspended by the Chief Executive Member of the Council,” Basaiawmoit said.
While the action of the CEM was challenged and upheld by the court, KHADC CEM said that the Supreme Court however reversed the High Court order and dismissed the writ petition. He, however, asserted that the EC has intention to do away with the prevailing system where the election of the Syiem in certain Hima is being done by an electoral college.
‘But if there is any problem or controversy in any of the Hima, the EC would not hesitate to hold a popular election by allowing the people to decide on the election of the Syiem,” KHADC CEM said.
Earlier, while moving the motion, Opposition leader Pynshngain N Syiem had stressed on the need to build a strong and healthy relationship between the Hima and the District Council.
He also suggested that the EC should consider the proposal of allowing the Hima to set up offices in the premises of the KHADC.
“This is one way to build strong and healthy relation,” the Opposition leader said.
While welcoming the attempt on the part of the EC to bring some reforms to ensure that the people have more say in the affairs of the Hima, Syiem said that the EC should take the masses into confidence before initiating such reforms.