JUDGMENT

1. This writ petition was preferred by the petitioner herein being aggrieved by the order dated 29.02.2016 passed by the respondent No. 3 and the judgment and order dated 13.02.2017 passed by the respondent No. 2 relating to a dispute between the petitioner and the respondent No. 4 herein.

2. The present dispute between the petitioner and the respondent No. 4 started with an application dated 03.11.2013 filed by one Shri Benon Ch. Marak before the Executive Member, In-charge Revenue, Garo Hills Autonomous District Council(GHADC), Tura seeking appointment of Smti Wenalish Ch. Marak daughter of late Jingrin Sangma as Nokma of the Sangsang- Nawalgre II-16 Akhing. On receipt of notice, the predecessor-in-interest of the petitioner has filed the written statement with a preliminary objection as to the maintainability of the said application on the principles of resjudicata, waiver and acquiescence. In the meantime, the predecessor-in-interest of the petitioner expired and was duly substituted by the petitioner herein as Opposite Party.

3. It is further averred that the learned Executive Member heard the parties on the issue of maintainability, however, vide the impugned order date