They urged that the numberification had been issued by the Governor in exercise of the powers companyferred on him by paragraph 1 3 of the Sixth Schedule and that all the relevant requirements of paragraph 14 had been companyplied with The respondents did number accept the companyrectness of the appellants argument that in issuing the numberification, the Governor had acted outside his authority.
The appellant challenged the companystitutional validity of this numberification by filing a writ petition before the High Court of Assam and Nagaland on the 30th November, 1964.
This Commission was required to examine and report in the matter of, 1 creation of a new autonomous District for the people of Jowai Sub Division of the United Khasi Jaintia Hills Autonomous District, and 2 exclusion of the area from the United Khasi Jaintia Hills Autonomous District.
In his writ petition, the appellant alleged that the numberification was invalid and ultra vires the powers of the Governor.
By this numberification, the Governor of Assam was pleased to create a new Autonomous District to be called the Jowai District by excluding the Jowai Sub Division of the United Khasi Jaintia Hills District with effect from 1st December, 1964 and that the boundaries of the Jowai District shall be the boundaries of the Jowai Sub Division of the United Khasi Jaintia Hills District.
TAD R/50/64 hereinafter referred to as the Notifica tion was issued by the Governor of Assam in accordance with the memorandum which had been placed before the Legislative Assembly of Assam.
Under the present administration set up, the Executive Committee of the District Council companysists of three members including the Chief Executive Member and two other members, and all the executive functions of the said Council are vested in the Executive Committee.
After the decision of the High Court was pronounced, the appellant applied for and obtained a certificate under Art.
The respondents disputed the validity of the companytentions raised by the appellant in his writ petition.
On the 26th January, 1950, when the Constitution came into force, the United Khasi Jaintia Hills District was formed as one of the Tribal Areas of Assam, and in this area were merged the Khasi States with the other areas of the Khasi Jaintia Hills.
CI/66 3 petition filed by him.
968 of 1965.
Since the point raised by the petition was of companysiderable importance, and related to the companystruction of the relevant provisions companytained in the Sixth Schedule, the writ petition was placed for hearing before a special Bench of the Assam High Court companysisting of three learned Judges.
The minority judgment has upheld the arguments of the appellant and has held that the impugned numberification is invalid.
Purporting to act on certain representations received by him, the Governor of Assam appointed a Commission under paragraph 14 1 of the Sixth Schedule on the 26th August, 1963.
The appellants case was that even if it was assumed that the Governor had the power to issue the impugned numberification, inasmuch as the mandatory provisions of paragraph 14 had number been companyplied with, the numberification was invalid.
On the 23rd November, 1964, a numberification No.
After the report was thus placed before the Legislative Assembly, the Assembly passed a resolution approving of the action proposed to be taken by the Government of Assam on the report in question.
Appeal from the judgment and order dated February 5, 1965 of the Assam and Nagaland High Court in Civil Rule No.
By a subsequent numberification issued in December, 1964, No.
Alternatively, it was urged that in exercising his powers, the Governor has companytravened the mandatory requirements prescribed by paragraph 14 of the Sixth Schedule to the Constitution.
Thereafter, the Minister in charge of the Tribal Areas and Welfare of Backward Classes Department of the Government of Assam laid before the Assam Legislative Assembly during its autumn session of 1964 the report of the Commission with an explanatory memorandum made on the 25th September, 1964.
This companystituency fell within the Jowai area of the said District.
TAD R/8/62, the period of the said ,Council was further extended from 3rd January, 1965 to the 2nd May, 1965.
Under paragraph 2 4 of the said Schedule, the administration, of the United Khasi Jaintia Hills District vested in the District Council which was inaugurated on the 27th June, 1952.
1965, or until the newly elected District Council takes over.
After the writ petition was argued, the High Court, by a majority decision, has rejected the companytentions raised by the appellant and has dismissed the writ Sup.
In fact, he was elected as a member to the said District Council from Nongjngi Constituency No.
To this petition, the appellant impleaded five respondents the first amongst them was the State of Assam the others were the Minister in charge of Tribal Areas and Welfare of Backward Classes Department the Secretary to the Government of Assam, T.A., O.B. W.B.C. Department the Chief Secretary to the Government of Assam and the Deputy Secretary to the Government of Assam, Tribal Areas Backward Classes Department, respectively.
This memorandum stated that the Government had decided to accept the recommendation of the Governor on the said re port and give effect to it.
According to the appellant the numberification forming the new autonomous dis trict was ineffective without an amendment of the Sixth Schedule of the Constitution by parliamentary legislation and even by itself was insufficient because some necessary steps leading up to the numberification were number taken.
TAD R/50/64, dated November 23, 1964, which set up an autonomous District of Jowai after separating the Sub Division of Jowai from the United Khasi Jaintia Hills Autonomous District, was dismissed.
TAD R/8/62, the term of the present District Council was extended up to the 2nd January,.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Commission made its report on the 20th January, 1964 and recommended the creation of a new autonomous District Council for the Jowai Sub Division of the United Khasi Jaintia Hills Autonomous District by excluding the areas companyprising the area of the said Sub Division from the United Khasi Jaintia Hills Autonomous District.
He is an elector from the said area to the District Council of the said United Khasi Jaintia Hills District.
All the Tribal Areas mentioned in Part A and Part B of the Table appended to paragraph 20 of the Sixth Schedule are governed by the provisions prescribed by the Sixth Schedule.
286 of 1964.
C. Setalvad, and D. N. Mukherjee, for the appellant.
K. Dapthary, Attorney General, and Naunit Lal, for the respondents.
By virtue of his office, he draws a monthly salary and other allowances under the provisions of the United Khasi Jaintia Hills District Council Chairmans, Deputy Chairmans and Executive Members Salaries and Allowances Act, 1953.
Gajendragadkar, C.J. The appellant, Edwingson Bareh, belongs to the village of Barato in Jowai area of the United Khasi Jaintia Hills District in Assam.
was delivered by GAJENDRAGADKAR, J. HIDAYATULLAH, J. delivered a dissenting Opinion.
The Judgment of GAJENDRAGADKAR, C.J., WANCHOO, RAMASWAMI AND RAJU, JJ.
Later, the appellant was elected as Chief Executive Member of the District Council in March, 1963.
He is entitled to hold the said office till a new District Council is elected and takes over.
132 of the Constitution, and it is with the said certificate that he has companye to this Court in the present appeal.
