1. Heard Mr. Dicky Panging, learned counsel, appearing on behalf of the petitioner. Also heard Mr. R.H. Nabam, learned Senior Government Advocate, appearing on behalf of State respondent Nos. 1, 2, 3 and 4, and Mr. Kento Jini, learned counsel, appearing on behalf of private respondent No. 5.

2. The Gaon Buras ('GBs') are the village authorities who are appointed in terms of section 5 of the Assam Frontier (Administration of Justice) Regulation, 1945 ('Regulation of 1945'). As per the Regulation, the criminal justice as well as Civil justices systems in the State of Arunachal Pradesh are administered by the Deputy Commissioner and village authorities. The Deputy Commissioner is the appointing authority of the village authorities/GBs. The Government of Arunachal Pradesh has issued detailed guidelines for regulating the method of appointment of village authorities/GBs, which are, enumerated, hereunder, for ready reference :

"(2). MODE OF SELECTION OF H.G.Bs/G.B.:

(a) The basic character of this age-old customary institution is democratic, therefore, the method of selection be through unanimous or through majority opinion of the adult residents of the village at a full and open meeting of all village adults to be conducted m the presence of the administrative officer of the area. The quorum for such a meeting will be one third of the total number of persons above 18 years of age in the village.

(b) The meeting shall be convened and attended by the administrative officer of the area and conducted in free, open and unbiased manner. The administrative officer will explain to the villagers present in the meeting the qualifications of a person must possess for getting elected as G.B. and also bring to their notice that the person selected as G.B. should be persons with influence and acceptability in the village and should possess knowledge on customary laws, as well as he should have an interest in the development of the village. He will also explain the circumstances/conditions which will disqualify a person from being elected as G.B. or will lead to his dismissed even after selection and appointment.

(c) The administrative officer concerned shall maintain records of the proceedings of the meeting, along with a record of all those present in the meeting. He will then forward the name of the person selected as G.B. along with his bio-data and character and antecedent report, the proceedings of the meeting and his recommendations to the Deputy Commissioner.

(d) The selection made by majority opinion will not be binding on the Deputy Commissioner concerned for appointment of G.B. The Deputy Commissioner will apply his own mind based on the report, and recommendations of the administrative officer and the proceedings of the meetings and either accept or reject the selection. If the Deputy Commissioner rejects the selection. He will have to record the reasons in writing and communicate it to the person selected and to the administrative officer with the direction to convey the reasons of rejection in writing to the people of the village and convene the meeting again to recommend name of some other person. If the name of the same person is recommended, the Deputy Commissioner will have the right of appointing a person of his choice as G.B.

(e) The person, whose selection has been rejected by the Deputy Commissioner, will have the right of appeal against the order of rejection before the concerned Divisional Commissioner."

3. The writ petitioner Sri Marmi Riram, hereinbefore, is qualified to be appointed as a G.B. On 6.8.2007, a meeting was convened in the Eshi-Chiku village under the chairmanship of Circle Officer, Basar, for appointment of a fresh GB of the said village. Thereafter, the name of the petitioner was forwarded by the Addl. Deputy Commissioner, Basar, for appointment, as the new GB of Eshi-Chiku village.

4. As there was a ban imposed on appointment of new G.B. by the Chief Secretary, the petitioner was not appointed as G.B. of the said

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