High Court order on headmen
SHILLONG: The state government has been asked by its legal counsel in Supreme Court Ranjan Mukherjee to file a Special Leave Petition (SLP) in the apex court to get the order of the High Court regarding framing a uniform law by the state government to empower the headmen vacated.
Earlier, the state cabinet had entrusted the law department to get the views of the government counsel in Supreme Court besides those of Advocate General and Additional Advocates General following the January 13 order on headmen.
Speaking to The Shillong Times, over from Delhi on Monday, Mukherjee said that in his opinion the state government should file SLP to vacate the order of the High Court.
“The High Court misunderstood the posts of headmen who are just elders and guardians empowered by the traditional customs and usages and they cannot be equated with public servants”, Mukherjee said.
According to Mukherjee, the state government should try to bring a stay to the entire order of the High Court.
Commenting on the para 21 of the High Court order on headmen, Mukherjee said that the suggestion to equate headmen to a government employee is against the very role assigned to the headman who is like an elder in the locality taking care of the requirements of the people.
According to Mukherjee, the order of the High Court that “the qualifications and eligibility criteria as provided under the Representation of Peoples Act 1951 and other Statutes for a candidate to contest the election to the State Assembly should also be made applicable to the case of candidates contesting the election for the post of Headman”, refers to Constitutional provisions which need scrutiny.
NGT issues : The issues related to illegal mining of limestone in parts of the state and construction of road at Balpakram National Park came up for hearing before the National Green Tribunal on Monday.
The state government counsel Ranjan Mukherjee said that the state government will file an affidavit in the next hearing scheduled to be held on February 3 stating that the state government had already taken to steps to regulate mining.
As far as the issue of Balpakram National Park is concerned, the district administration has been asked to ensure that no construction is carried out at the Park, Mukherjee said.