Shillong, Oct 15: Constant interference by the Khasi Hills Autonomous District Council (KHADC) in the functioning of traditional governing bodies is hurting the reputation of the council, Leader of the Opposition Titosstarwell Chyne said in the house today.
Moving a motion to discuss executive committee policy on Elaka administration, Chyne said Elaka is one of the most important departments under the Sixth Schedule as it deals with Syiems, Lyngdohs, Sordars and Rangbah Shnongs.
“We all say during elections that we will strengthen Dorbar Hima and Dorbar Shnong. When Dorbar Hima and Dorbar Shnong are strong, the community is also strong. While other states have other systems, we are proud that we still respect our traditional heads,” he said.
Chyne said there are instances where traditional heads misuse powers and the Council as custodian has the power to act. But he urged restraint.
“The intention of this discussion is so that, as far as possible, those in the EC restrain from removal, suspension and dethroning of Syiems and Rangbah Shnongs,” he said.
Citing prolonged disputes, he referred to cases relating to Hima Mylliem, Hima Langrin, Hima Sohra, Raid Shabong and several villages. He said frequent public protests in front of the KHADC offices affect all 30 MDCs, not just the EC.
“When citizens come to Shillong and shout slogans, it is seen as against the whole council. It becomes difficult to explain that we want Himas to function smoothly,” he said.
Chyne also flagged expenditure on legal cases. He sought details on how much has been spent on litigation, including matters related to Hima Mylliem which is presently sub-judice with hearings pending before the courts.
He suggested a graded approach-show-cause, calling for explanation and giving heads a chance to reply – before taking extreme steps.
“If fault is beyond limit, who will support them? It is right to remove. But if it is not that grave, we should wait and examine first,” he said.
In response, Elaka Executive Member Denzil Chen said the EC has no desire to cause hardship or disempower traditional institutions and acts as per law and customary practices after proper examination.
On court cases, the EM said many matters are sub-judice and hearings are scheduled, including for Hima Mylliem next month, and therefore cannot be discussed in detail.
“Stones are always thrown at a tree with many fruits. The fact that cases are admitted in court does not mean the EC is wrong. Court examines whether decisions are legally sustainable,” Chen said.
On protests before KHADC, he said democratic protest is guaranteed by the Constitution and a protest does not mean the EC decision is wrong, nor does it mean the entire Hima has come to protest.
The EM said the EC has taken steps to strengthen Elaka administration by constituting committees to review the 1959 Act and Sanad, and work is in progress.
“This EC understands that law and customary practices complement each other and we are following everything religiously to protect and preserve the indigenous Khasi community,” he said, adding that principles of natural justice and provisions of the Act are being followed strictly.
