By Our Reporter
SHILLONG, JAN 15: The Dolloi (tribal chieftains of Jaintia hills) will challenge the illegality of the Village Administration Act passed by the Jaintia Hills Autonomous District Council (JHADC) before the Supreme Court. “We will raise the illegality of the Act passed by the JHADC for appointment of dollois before the Supreme Court in the next date of hearing,” Dorbar Ki Doloi Ka Ri Jaintia (DKDRJ) chairman C Lyngdoh said in a statement.
The JHAD (Establishment of Elaka and Village and Election, Appointment, Powers, Function and Jurisdiction of Dolloi/Sirdar and Waheh Shnong) Act 2015 was passed by the JHADC to empower traditional heads in 2015.
He said the constitution of India does not give any power to the Council to meddle with the religious affairs of any community or tribe. “It has only given power to the Council to appoint headmen and chiefs for administrative purpose and not religious purpose,” Lyngdoh argued.
The decision came after the Supreme Court, which heard the case relating to the collection of customary tolls by the Dollois on January 5 asked the Dollois to file their reply to the claims made by the JHADC.
“The court refused to entertain his plea and pass any interim order in favour of JHADC and did not restrain or stop the Dollois from collecting customary tolls too but it had asked the counsel of the Dollois to file reply to the claim of JHADC,” he said.
The JHADC had filed an interlocutory application no 4 and 5 of 2016 to implead itself as a party to the case (in main case of WP (C) No 393 of 2016) and also for direction from Supreme Court to the dollois not to collect customary dues.
In its application, JHADC had raised and brought to the notice of the Supreme Court several actions by the Dollois in collecting customary tolls and also about the threatening letter (contempt) from the dollois counsel in Delhi to its officials.
The case was listed before Justice Pinaki Ghosh and Justice RF Nariman in Court no 6 of the Supreme Court on January 5.
The JHADC was represented by its counsel HS Thangkhiew senior advocate, while the Dollois were represented by Amit Kumar (advocate on records) Supreme Court of India.
During the hearing, the counsel of JHADC said that the collection of customary tolls by dolloi is without any authority as no interim direction was passed.
The counsel for the JHADC also mentioned before the Court that such practices of collection of customary tolls had never existed prior to the order passed by the Supreme Court in WP (C) NO 393 OF 2016 ON 29th July, 2016.
However the counsel of Dollois vehemently opposed the submission and submitted that it is within the power of dollois.
+ There are no comments
Add yours