The vacancy of two posts in the Electoral College did not invalidate the nomination made by it.

This writ petition is directed against an order dated 8. 8. 1979 passed by the Election Tribunal constituted by the Khasi Hills Autonomous District Council. The Tribunal has, by the impugned judgment, set aside the election of the petitioner as Syiem of Nongkhlaw.

2. The facts which may be noted for the disposal of this petition are these. A vacancy occurred in the post of Syiem of Nongkhlaw Syiemship due to the death of previous Syiem U Kedro Manick. The Deputy Secretary in-charge of the Rural Administration of the District Council sent Parwana dated 31.3 1970 addressed to 3 Myntries of Nongkhlaw Syiemship to nominate a person to be the Syiem of Nongkhlaw Elaka. These three Myntries unanimously recommended the name of the petitioner for the aforesaid post. An objection was raised regarding this communication on the ground that the Electoral College consisted of 5 Myntries whereas the nomination had been sent by three Myntries only. The Executive Committee ruled out the objection. The decision of the Executive Committee was approved by the District Council. The present election petition was thereafter filed before the aforesaid Election Tribunal which has set aside the election only on the ground that five members of the Electoral College which consists of 5 Myntries had, at the relevant time, only 3 Myntries. This decision of the Election Tribunal has been challenged in this writ petition.

3. There is no dispute at the Bar that the Electoral College in question consisted of 5 Myntries It is equally not disputed that the Electoral College at the relevant time consisted of 3 Myntries who unanimously nominated the petitioner for the post of Syiem of Nongkhlaw Elaka. The short point which, therefore, needs decision of this Court is whether the vacancy of two posts in the Electoral College had rendered the nomination of the petitioner void or in any way invalid.

4. "Electoral College" has been defined in section 2 (h) of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, hereinafter the Act, to read as below :

" 'Electoral College' means a body of such persons as have been declared qualified to nominate or as the case may be to elect a Chief under any Act, Regulation or Rules made by the District Council or under such customary practice as may be recognised by the Executive Committee to be prevailing in Elaka concerned".

5. There is no dispute that there is no Act, Regulation or Rule made by the District Council relating to the formation of the Electoral College. It has, therefore, to be seen whether any customary practice which may be recognised by the Executive Committee required that all the members of the Electoral College must be in office before the Electoral College can nominate any person to be Syiem. A perusal of the impugned judgment of the learned Election Tribunal shows that it almost took it as a custom that all the five members of the Electoral College must be in office inasmuch as while nomi­nating two Syiems earlier the Electoral College had consisted of all the Myntries. In our view only because of the aforesaid fact it cannot be said that the custom required that all the Myntries must be in office before the Electoral College consisting of them could nominate any person, to be Syiem of the concerned Elaka. A perusal of the impugned judgment also shows that though some steps were taken to fill up the vacancies, because of the certain litigations including many petitions to this Court, the post, could not be filled up. If that be so, it would not be proper to deny the right to the Electoral College though it consisted at the relevant time of three Myntries to nominate such persons as it thinks fit for the post of Syiem. In any case, it cannot be said that the custom of all the Myntries being in office was such which was recognised by the Executive Committee. As already pointed out, the Executive Committee had really rejected the objections on th