The cancellation of the Nokmaship was found to be ultra vires and beyond jurisdiction, emphasizing the supervisory role of the High Court under Article 226.

JUDGMENT :

W. DIENGDOH, J.

1. The petitioners, said to be the Nokma of Rangmalgre III-28(5) Aking have approached this Court with this instant petition on being aggrieved by the order of the respondent No. 2/Executive Member, Garo Hills Autonomous District Council, Tura dated 23.08.2016 whereby the registration of the Nokmaship of the petitioners have been cancelled, and also by the order dated 23.03.2018 passed by the respondent No. 1/Chief Executive Member, Garo Hills Autonomous District Council, Tura, who has upheld the said order dated 23.08.2016 in appeal.

2. Heard Mr. E.B. Sangma, learned counsel for the petitioners who has submitted that the petitioner No. 2 belongs to the ‘Chambugong Clan’ coming from the lineage of the genealogical tree of the Rangmalgre III-28(5) Aking Nokma family, being the biological daughter of late Rakji Marak who was the daughter of late Gatran Sangma and late Watme Marak Mechik (female) who were the then Nokma of Rangmalgre III-28(5).

3. The learned counsel has further submitted that after the demise of the last recorded Nokmas of Rangmalgre Aking, Raban Sangma and Nosing Marak, an application was filed before the respondent No. 2 by Shri. Duran Marak, the matrilineal uncle of the petitioner No. 2 for registration of the names of the petitioner No. 2 and her husband as the Nokma of Rangmalgre III-28(5) Aking. The application was registered as GDC-30 A/C of 2003-2004. On an enquiry conducted by the Mouzadar and after complying with all the formalities, a report dated 18.11.2003 was filed by the Mouzadar and the respondent No. 2 on being satisfied with the same, has accordingly registered the names of the petitioners herein as the successor Nokmas of Rangmalgre Aking III-28(5) vide order dated 03.12.2003.

4. It is also the submission of the learned counsel that on 24.03.2004 a fresh petition under Section 7 and 8(1) of the Garo Hills Autonomous District (Social Customs and Usages) Validating Act, 1958 was filed by the respondent No. 3 herein for registration of the name of the petitioner No. 2 as the Nokma of the said Rangmalgre III-28(5) Aking. The petition was registered as GHADC-Rev/33 A.C/2004.

5. The respondent No. 2 then directed the Mouzadar to conduct a re- enquiry on the basis of the said petition dated 24.03.2004 and upon enquiry, a report dated 07.06.2004 was filed, inter alia, indicating therein that the petitioners herein have already been registered and appointed as Nokma of the said Rangmalgre Aking. The respondent No. 2 however, vide order dated 24.08.2004, has directed that notice be issued to the parties to appear before him. Notice was accordingly issued upon the petitioner No. 2 only on 01.03.2007 with direction to appear before the Court of the respondent No. 2 on 07.03.2007.

6. The learned counsel went on to submit that the petitioners filed their written statement on 12.04.2007 to which the respondent No. 3 filed a rejoinder dated 20.09.2007 to the same, however, without seeking leave to amend his pleadings, has added new set of facts. Again, the petitioner has filed a counter to this with a prayer for dismissal of the main petition but the respondent No. 2 proceeded to frame the issues on the basis of the suggested issues filed by the parties.

7. The respondent No. 2 after considering the materials before him including the written statement and rejoinder and on the basis of the issues framed by him, after hearing the parties had passed the impugned order dated 23.08.2016, the petitioners being aggrieve