Judgment

WANCHOO, J. (delivering the judgment on behalf of Sinha C.J.I., Kapur, Gajendragadkar JJ. and himself) : This appeal, on a certificate granted under Art. 132 (1) of the Constitution by the Assam High Court, raises questions regarding the interpretation of certain provisions of the Sixth Schedule of the Constitution. A writ petition was filed by U. Jormanik Siem (hereinafter called the respondent) in the Assam High Court against the Chief Executive Member of the District Council (hereinafter called the appellant), United Khas and Jaintia Hills District (hereinafter called the District). The case of the respondent was that he was Siem of Mylliem Siemship in the District and was elected as such by the Myntires and the people according to custom in 1951. After the constitution of the District Council for the District, in June 1952, the Siemship was brought under it and the respondent continued to discharge the administrative and judicial functions, for which he was remunerated by a share of the gross income of the Siemship. The Siem once appointed could not be removed from his office except through a referendum of the people according to custom until such custom was changed by