Law: Succession Act, 1925

Section: 57,213,213(1)

JUDGMENT These appeals by special leave are directed against the common judgment and order of the Gauhati High Court dated 21st July, 2003 in Writ Petition (C) No. 6541 of 2001 [WP (C) No.221(SH)/2002] and Writ Petition (C) No. 6542 of 2001 [WP (C) No.222(SH)/2002] whereby the High Court dismissed the writ petitions filed by the appellants herein. Appellant Ewanlangki-e Rymbai, a Christian by faith is a Member of the Jaintia Scheduled Tribe. The other appellant, namely Elaka Jowai Secular Movement is represented by its Vice Chairman and Executive Member. In both the writ petitions the constitutional validity of Section 3 of the United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 (hereinafter referred to as 'the Act of 1959') has been challenged. The writ petitions also challenged the notice dated August 28, 2001 issued by the Jaintia Hills Autonomous District Council, Jowai declaring the programme for the election of Dolloi in the Elaka Jowai and also the notice dated September 4, 2001 issued by the Secretary, Executive Committee, Jaintia Hills Autonomous District Council, Jowai. Section 3 of the Act of 1959 provides that subject to the provisions of the Act and the Rules made thereunder all elections and appointments of Chiefs and Headmen shall be in accordance with the existing customs prevailing in the Elaka concerned. The notice dated September 4, 2001 announced the programme for the conduct of election for Dolloi in the Elaka Jowai but the notice issued by the Secretary on behalf of the Executive Committee, Jaintia Hills Autonomous District Council, Jowai provided that only the members of the clans mentioned therein could contest the aforesaid election and thereby the persons belonging to the Christian faith were excluded from contesting the said election. The appellants contend that exclusion of Christians from contesting the election is in violation of Articles 14, 15 and 16 of the Constitution of India since they are excluded only on the ground of religion. They further contend that Section 3 of the Act of 1959 which provided that the appointment of the Chiefs or Headmen shall be in accordance with…

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