The main legal point established in the judgment is the finality of Nokmaship orders, the inheritance of Nokmaship from daughter to daughter, and the rights of daughters in a matrilineal society.

B.K. Sharma, J.

1. The challenge made in this writ petition are the Annexures- F, G and H orders dated 18.02.85, 09.02.99 and 30.08.04 respectively passed by the Executive Member, In-charge Revenue, Garo Hills District Council and the Chief Executive Member, Garo Hills Autonomous Council, Tura respectively determining the Nokmaship of the particular clan, namely Sasatgiri Akhing. While by the first impugned order dated 18.02.85, it has been held the respondent No. 1 and 2 are entitled to get appointment as Nokma of Sasatgiri Akhing and the appointment as such of the petitioner is liable to be cancelled on the purported forfeiture of her right to continue as such, by the second order dated 09.02.99 affirmed on review by order dated 30.08.04, it has been held that the petitioner is entitled to continue as Nokma of the Akhing during her life time only. It has also been held and ordered that the respondent No. 1 be appointed as Nokma of the Akhing to the exclusion of the respondent No.

2. whose name shall be recorded only after the death of the petitioner subject to the condition indicated in the order. 2. Sasatgiri Akhing, according to the petitioner belongs to Momin clan. As per Annexure-A Genealogical chart (certified one), Khilpang Sangma was the first registered Nokma of the Akhing. In the said certified copy the names of the other Nokmas stand recorded in the ascending order, the last one being that of Dewin Gabil Momin, i.e. the petitioner. For a ready reference, the said chart is reproduced below:

Khilpang Sangma (Thegite) Dangje Momin Mechik (Gabil)

Watre Momin Mechik Thoram Sangma

Rengje Momin Mechik Ramdon Sangma

Daje Momin Mechik Baron Sangma

Mechali Momin Mechik Chengkae Sangma

Janna Momin Mechik Sanon Sangma

Nadik Momin Mechik Jaram Sangma (Mankhin)

Thache Momin Mechik Khimrang Sangma (Manda)

Dewin Momin Khijing Sangma (Manda)

3. The working of the Akhing and running of its affairs including the appointment of Nokma is governed by Garo Customary Law. There is no dispute that the petitioner became the Nokma of the Akhing and to that effect an order was passed by the Deputy Commissioner on 04.08.47. The order so passed was upon hearing the parties including the respondents or their predecessors. For a ready reference the order dated 04.08.47 alongwith with order dated 19.07.47 are reproduced below:

19.07.47: Read and considered the Mauzadar's report. Heard the parties as well. There is a tug of war between the connection of the deceased Nokma.

Dewin's party has attained where Jeng's party has not. Ask the Midar to appear with all adult Maharis of the parties on 04.08.47.

Sd/-

A. Ahuned.

04.08.47: The Mauzadar Laskar and parties have appeared. I have heard their views. In view of the circumstances Dewin Momin Mechik is appointed a Nokma in place of Tnasi Mechik.

Should Dewin deserts from the Household or has no female issue Jeng Momin will succeed her.

Sd/-

A. Ahuned.

04.08.47

4. The aforesaid order has attained its finality there being no challenge to the same either from the respondents or from any other party who could claim to be interested in the matter.

5. As could be noticed from the above quoted chart, Tache Momin was the Nokma of the clan before appointment of the petitioner as such. Her husband was Khimrang Sangma. After his death the petitioner accepted Khijing Sangma as her substituted husband as per Garo customary law. Be it stated here that the earlier wife of Khijing, namely Smt. Jeng was alive at that point of time. Accordingly as per the customary law, the petitioner became the Nokma of the clan alongwith her said substituted husband. Be it stated here that Jeng Momin is the mother-in-law of the respondent No. 1.

6. The case of the petitioner can be projected by the following diagram.

7. According to the petitioner, said Smt. Jeng, mother-in-law of the respondent No. 1, time and again tried to dislodge the petitioner from her Nokmaship and made all out efforts to incorporate her name as