The Deputy Commissioner, while making the appointment to the post of village authority under the Regulation, cannot act arbitrarily and must act in accordance with the well-settled guidelines. The customary laws are applicable while choosing the Head Gaonburah and that selection has to be in accordance with the well-settled custom.

The present writ petition has been filed challenging the order passed by the respondent No. 3, Additional Deputy Commissioner, Yingkiong, East Siang District forwarding the name of respondent No. 4, Shri Tagin Litin, vide WT Message dated 19.4.1994, for his appointment as the village authority. It has also been prayed that the petitioner be allowed to continue to function as the village authority of Simong Village.

2. At the admission stage we have heard Mr. NM Lahiri, learned counsel appearing for the petitioner, Mr. AM Mazumdar, learned Advocate General appearing for the State of Arunachal Pradesh assisted by Mr. A. Roy, learned Senior Govt. Advocate, Arunachal Pradesh and Mrs. N. Saikia, counsel appearing for respondent No. 4 Shri Tagin Litin. The parties have also exchanged their respective affidavits and the State of Arunachal Pradesh has also produced before us the original records pertaining to this case. The present petition is being finally disposed of at the admission stage after hearing the learned counsel for the parties.

3. The brief facts for the purpose of adjudicating the dispute raised in the present petition are that the Simong Village is one of the oldest and biggest village in the East Siang District of Arunachal Pradesh. The 'Simong' is one of the major tribes of 'Adis' of Arunachal Pradesh and the inhabitants of the upper region of the East Siang District which are governed by the exis­ting customs and traditions. There is a Village Council which is headed by the Gaonburah (Gam) appointed by the Deputy Commissioner and he is assisted by the elders of the village. The Village Council tries all the disputes/cases arising between the inhabitants of the village. According to the petitioner, in 'Adi' traditional 'Kebang' system, which is prevalent in 'Adi' society, the Village Councils are empowered to try all the cases/disputes which are within the jurisdiction of 'Doleng Kebang' (village level), 'Bangoo Kebang' (circle level) and 'Bogum Bokang' (the Apex Court of Justice).

4. After the enforcement of the Assam Frontier (Administration of Justice) Regulation, 1945, (hereinafter referred to as 'the Regulation'), the village authority is constituted under section 5 of the said Regulation, but the appointment is governed by the customary law of the particular tribe. As per the customary law of 'Simong' tribe ('Adi' tribe), the seniormcst person in respect of age and experience becomes the Head Gaonburah of the village authority. There are several Gaonburahs in Simong Village headed by late Angkong Tekseng as Head Gam and late Yangkom Liper as the second Head Gam, who had expired in the month of January, 1994 and, therefore, the posts of Head Gaonburah and second Head Gaonburah fell vacant. According to the petitioner, he is aged about 72 years, he is the seniormost and has been serving as Gaonburah for last 45 years.

5. A joint representation was submitted by the Local Panchayat members in consultation with the Gaonburahs of Simong Village to the Additional Deputy Commissioner, East Siang District on 17.1.1994 for appointment of the petitioner as Head Gaonburah and Shri Atteng Sitek as the second Head Gaonburah, so as to fill up the vacant posts caused due to the death of Head Gaonburah and second Head Gaonburah as aforesaid. Copy of the represen­tation has been annexed as Annexure A to the writ petition. On 31.1.94 the Deputy Commissioner approved the appointment of the petitioner as Head Gaonburah and Shri Atteng Sitek as second Head Gaonburah on the basis of their seniority and experience as Gaonburahs and the Political Assistant to the Deputy Commissioner, East Siang District, Pasighat, on behalf of the Deputy Commissioner, Pasighat, intimated the Additional Deputy Commissi­oner, YingViong about the aforesaid appointment, vide WT Message dated 15.2.94 (appointment order No. HT-(J)-14/Pt. II) and, accordingly, the petitioner was also informed about the said appointment, which became effective