SHILLONG: The State Government and the KHADC are on the same page when it comes to the right to regulate the powers and functions of the headmen. The State Government too is of the view that it is the Council which is authorized by the Sixth Schedule to the Indian Constitution to regulate the powers and functions of headmen.
This was informed by Ranjan Mukherjee, the State counsel and Supreme Court lawyer.
Mukherjee said on Sunday that following the verdict of the Supreme Court on the headmen issue on February 12, the State Government has filed a reply as per the direction of the Court.
The verdict of the Supreme Court came following the hearing of the Special Leave Petition filed by the KHADC.
Mukherjee said that the stand of the KHADC and the views of State Government converge on the point that the district council has the power to regulate the powers and functions of headmen as per Para 5 of the Sixth Schedule to the Constitution of India.
In the February 12 order, the Supreme Court had pointed out that those occupying the posts of headmen may continue to function subject to various instructions framed by the district council as per the Sixth Schedule to the Indian Constitution.
“Until further orders, the persons occupying the post of headmen may continue to function subject to the various instruction framed by the Autonomous District Council as per law under the Sixth Schedule to the Constitution of India,” the order had said.
The Apex Court had also asked the State Government counsel to submit a proposal on as to which parts of the January 13 High Court order/directions will be implemented by the State Government to ensure that “Fundamental rights of the of the citizens, particularly the right to reside freely in any place of their choice, is not adversely affected by the action of any statutory authority including the headmen.”
The Apex Court, while issuing notices to concerned parties, had fixed the matter for hearing after six weeks.
The January 13 order of the High Court had earlier recommended a series of measures to be initiated by the State Government including framing rules for the functioning of headmen.
