Judgement

GAJENDRAGADKAR, C.J.I. (With Wanchoo, Ramaswami and Satyanarayana Raju, JJ.): The appellant Edwingson Bareh, belongs to the village of Barato in Jowai area of the United Khasi-Jaintia Hills District in Assam. He is an elector from the said area to the District Council of the said United Khasi-Jaintia Hills District. In fact, he was elected as a member to the said District Council from Nongjngi Constituency (No. 23). This constituency fell within the Jowari area of the said District. Later, the appellant was elected as Chief Executive Member of the District Council in March 1963. By virtue of his office, he draws a monthly salary and other allowances under the provisions of the United Khasi-Jainita Hills District Council Chairman s Deputy Chairman s and Executive Member s Salaries and Allowances Act, 1953. He is entitled to hold the said office till a new District Council is elected and takes over.

2. 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. The boundaries of this area are defined by Para. 20 (2) of the Sixth Schedule to the Constitution. All the Tribal Areas mentioned in Part A and Part B of the Table appended to Para. 20 of the Sixth Schedule are governed by the provisions prescribed by the Sixth Schedule.

3. Under Para. 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. This Council consists of 24 different Constituencies out of which 6 are in the Jaintia Hills area. The District Council has been clothed with administrative, legislative and judicial powers over the territory of the District by the relevant provisions of the Sixth Schedule. By the notification issued on the 1st of June 1964, No. TAD/R/8/62, the term of the present District Council was extended up to the 2nd January 1965, or until the newly elected District Council takes over. By a subsequent notification issued in December 1964, No. TAD/R/8/62, the period of the said Council was further extended from 3rd January 1965 to the 2nd May 1965. Under the present administrative set up, the Executive Committee of the District Council consists 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.

4. 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. 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". 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 comprising the area of the said Sub-Division from the United Khasi-Jaintia Hills Autonomous District".

5. 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 memorandum stated that the Government had decided to accept the recommendation of the Governor on the said report and give effect to it.

6. 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. On the 23rd November 1964,