The appointment of a Chief made by the Executive Committee under Section 4 (1) of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, as amended, is valid and effective until disapproved by the District Council.

GOSWAMI, C. J.:- This applica­tion under Article 226 of the Consti­tution of India is directed against an order dated 20th March, 1970 of the Chief Executive Member, District Council, United Khasi-Jaintia Hills (Respondent No. 3), allowing the Res­pondents 4 to 7 to run the day-to-day administration of the Mawphlang Lyngdohship until further orders, in view of a pending election dispute over the election of the petitioner as Lyngdoh on 10th January, 1970.

2. U Robi Singh (since deceas­ed), Lyngdoh of Mawphlang Lyngdo-ship was bed-ridden for a long time due to illness and he was unable to carry on the administration of the Lyng-dohship. The Executive Committee of the District Council, under the cir­cumstances issued an order on 5th June, 1969 directing U Bonick Blah Myntri (Respondent No. 4) to function as the Chairman of the Administrative Durbar and as Presiding Officer of the Additional Subordinate District Council Court of Mawphlang Elaka "as long as U Robi Singh Lyngdoh continues to be ill". U Robi Singh died on 23rd July, 1969. Thereafter, the Executive Committee of the Dis­trict Council fixed 10th of January, 1970 as the date for election of the new Lyngdoh of Mawphlang Lyngdoh-ship in the place of late U Robi Singh. The procedure laid down by the District Council (as per Annexure II) for election shows that the right of franchise is given to the following persons, namely, all males of 18 years and above residing in the Mawphlang Elaka recognised by the Lyngdohship, other males of 18 years and above be­longing to the 12 Clans of the Maw­phlang Lyngdohship, any male (tribal or non-tribal) who married within the Mawphlang Lyngdohship and continues to live with his wife or children, and any male (tribal or non-tribal) who married any woman of the 12 Clans within or without the Lyngdoh­ship and continues to live with his wife or children. There is a provision for raising objections in writing on the spot to the Presiding Officer at the time of counting of the votes of any candidate. All these objections receiv­ed by the Presiding Officer will be placed before the Executive Commit­tee. Canyassing is prohibited within the area of the place where the elec­tion is held. The election will begin at 11 a.m. No one will be allowed to enter the polling station or move out from the place set apart for a candi­date to another candidate's area after 11 a.m. It appears that there is no secrecy about the election.

In this case, there were three can­didates for the Lyngdohship in the election and the petitioner obtained the highest number of votes, namely 838, while the other two candidates secured 770 votes and 90 votes res­pectively. The petitioner was declar­ed elected as the Lyngdoh of Mawph­lang. By a letter dated 29th January, 1970, he was informed by the Respon-dent No. 3.

"that the Executive Committee, District Council, United Khasi-Jaintia Hills accepted your election to be the Lyngdoh of Mawphlang Elaka as indi­cated by the majority of the electors in the election held on the 10 Janu­ary, 1970 and as such you are appoint­ed as the Lyngdoh of the Mawphlang Elaka but this appointment as the Lyngdoh of the Elaka will not be final until the District Council in its Ses­sion to be held shortly confirms it. It will also lay down terms and conditions."

The petitioner accepted, in writing, the office of the Lyngdoh of Mawphlang Elaka the same day, namely 29th Jan­uary, 1970, as will appear also from the endorsement at the foot of this letter as under:

"I, Koring Singh Lyngdoh, agree fo the above writing and accept the office of the Lyngdoh of Elaka Mawphlang this day the 29th of January, 1970." On the same day, the result of the election was published by notice by the Respondent No. 3 under section 5(1) of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, as amended, and copies of the notice were sent to the Myntries of Mawphlang Elaka, that is to say Respondents 4 to 7, for wide c

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