Shillong, Oct 15: Executive Member in-charge Elaka, Denzil Chen on Thursday asserted that the VPP-led Executive Committee has no intention to destroy or dilute the powers of traditional heads, and is strictly following the principles of natural justice while deciding Elaka matters.
Replying to a motion moved by Leader of Opposition Titosstarwell Chyne on the EC’s Elaka policy during the last day of the KHADC’s session, Chen said the Elaka Administration is not merely an administrative wing but an indigenous governance system.
“Elaka administration does not mean just a place or administrative function, it is the indigenous governance system which includes Syiems, Sirdars, Wahehdars, Rangbah Shnongs, Dorbar Shnongs who function according to customary practices, culture and laws that operate in the Elakas,” Chen said.
He added, “This EC understands its special and sensitive nature as the LO said, and has no intention whatsoever to destroy, disturb or reduce the powers of Syiems, Lyngdohs, Sirdars and Dorbar Shnongs. These matters touch upon customs, inheritance, recognition of rights and way of life of people within Elakas.”
Chen said the EC by and large does not interfere in Hima affairs. “We now do not much interfere in matters that fall under Himas or Dorbar Shnongs but if such matters come to the District Council when it comes to recognition, election, inheritance or disputes, this EC examines thoroughly and takes a decision as per customs and laws,” he said.
Countering the opposition’s charge that the Council is losing cases in the High Court, Chen said admission of a case does not mean defeat.
“There is talk that this EC has many cases, that when we reach the High Court we are overruled. I want to say — it is the tree with many fruits that people throw stones at. The large number of cases does not mean we are wrong,” Chen said.
“Often appeals to the High Court are because of interpretation or dissatisfaction. Court sometimes admits cases not because we are wrong. Many High Court judgements reach Supreme Court, it does not mean High Court order is wrong. Sometimes it admits cases because it wants to examine whether it is legally sustainable, that is why it summons KHADC to hear from EC side, to get affidavits and replies — that is not a defeat. We are still appealing, it is still to be decided, hearing will be fixed this month. I do not want to talk about the date because it is still in court,” he explained.
On allegations of protests against the EC, Chen said protest is a constitutional guarantee.
“They say many come to protest inside KHADC, I do not believe this. When we take decisions on Elakas we examine thoroughly. There are allegations we are partial, I dare to say this EC follows principle of natural justice very strictly. We ensure show cause, ensure hearing, follow the Act strictly including time frame for appeal. Earlier many were signed by only one EM, appeal is almost 30 days over and only now this year they come to re-open the case,” Chen said.
“I have come not to criticize, I have come to discuss. If we take a decision and some are not satisfied, they can appeal to higher courts and some do not want to appeal, they come to protest, and protest is not illegal, it is guaranteed by Constitution of India. Protest does not mean we are wrong, it is also not by all citizens, it is only a few. To say all citizens of the Hima are angry, that cannot be,” he added.
Asked about number of pending cases, Chen said the figures will be provided later.
He informed that the EC has initiated reforms to strengthen Elaka Administration. “We have taken steps — we have started a Committee to examine the Act to strengthen it, we have formed Sanad Committee, in a short while we will complete the work,” he said.
On Shella, Chen clarified, “When it comes to Shella where it is said we suspended Rangbah Shnong, it is not that we suspended.”
On politicization of Dorbars, he said, “We look at customary practices and laws of District Council, if there is politicization and if appeal comes to District Council we look as per laws, and if we find we take steps as per laws.”
“This EC understands customs and laws must walk together side by side, not fight against each other. This EC works on principle to respect, to protect indigenous Khasi governance, to recognize different Elakas, to ensure traditional inheritance is as per customary laws, to respect role of Syiems, Sordars, Rangbah Shnongs, to resolve disputes as per laws without political bias and to ensure public gets just governance,” Chen said.
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