High Court stayed Election of Dolloi of Elaka Rymbai

Syllad | The Rising MeghalayaMay 20, 2023

The Single Bench of the High Court of Meghalaya has stayed the Election of Dolloi of Elaka Rymbai scheduled to be held on May 24 till it is determine whether a Christian candidate can contest the said Election or not.

The court passed the order in respect of WP(C) No. 126 of 2023 filed Phon Lyngdoh & Ors. Vs. State of Meghalaya & Ors.

According to the writ petition, Lyngdoh contested that Dolloi of Elaka Rymbai discharges both administrative as well as religious duties attached to the office and is the main person as the head of the Elaka to perform Pujas and rituals.

However, the JHADC in its notification for the conduct of the Election of Dolloi of Elaka Rymbai did not specified that only a person belonging to the Niamtre faith is eligible to contest for the election.

The notification does not state specifically about the eligible clans but it is understood that only nominations of candidates from eligible clans will be accepted and that as on May 15, last 3 (three) candidates are in the fray, who belonged to the said clans. The counsel for the State asserted that the impugned notification as published, calling for the elections dated
19.04.2023, does not suffer from any infirmities.

The counsel also informed in the past one Ri Swer, a follower of Christian faith was elected as Dolloi on 27.02.1975, one Batskhem Lyngdoh on 25.05.1993 and one Elious Swer on 20.08.2014, who were followers of Christian faith were was also appointed as Dolloi.

The petitioner asserted that in the year 2015, the then Dolloi being of Christian faith had not agreed to perform such rituals, which is otherwise his religious duties as Dolloi. He also said but to pacify the public, sent other persons in his place to perform the said rituals which made the public express their anger and unhappiness, inasmuch as, as per the rituals and beliefs, the Dolloi was the only person who should have performed the said rituals.

It is noted that the petitioners who belong to an indigenous organization had filed an objection on May 8 to the JHADC but it was not considered.

The court referred judgment of the Supreme Court in the case of Ewanlangki-E-Rymbai vs. Jaintia Hills District Council & Ors. and Elaka Jowai Secular Movement vs. Jaintia Hills District Council & Ors. (supra) where only person belonging to Niamtre faith can contest the election of Dolloi Jowai as the Dolloi is as well as the religious head.

The Court observed that the office of the Dolloi is for life and for the interest of justice that until further orders, the impugned notification dated 19.04.2023 be stayed and for purpose of day to day administration, the JHADC will depute an officer to discharge the same and listed the matter on June 27,next.