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EC Has No Intention to Curtail Traditional Heads’ Powers; Custom and Law Must Go Together: Denzil Chen

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Shillong, Oct 15: Executive Member in charge of Elaka Administration in the Khasi Hills Autonomous District Council (KHADC), Denzil Chen, asserted that the VPP-led Executive Committee (EC) has no intention of abolishing or curtailing the powers of traditional heads. He said the EC respects customary practices and follows the principles of natural justice when deciding Elaka matters.

Chen was replying to a motion moved by Leader of the Opposition Titosstarwell Chyne on the EC’s policy on Elaka administration during the concluding day of the KHADC session.

He said Elaka administration extends beyond managing a geographical area or running a government department. It represents an indigenous system of governance closely linked to the community’s identity, encompassing Syiems, Lyngdohs, Sirdars, Waheh Shnongs, Rangbah Shnongs and Dorbar Shnongs functioning under customary practices and the laws governing their respective Elakas.

Chen said the EC recognises the sensitive nature of these matters, which involve succession, recognition of rights, customs and the way of life of local communities.

“We have absolutely no intention of abolishing, interfering with or reducing the powers of traditional heads and Dorbar Shnongs,” he asserted.

He maintained that the EC generally refrains from unnecessary intervention in matters within the jurisdiction of Himas and Dorbar Shnongs. However, when disputes concerning recognition, elections or succession reach the Council, it must examine them carefully and decide in accordance with applicable customs and laws.

Responding to allegations that the Council had suffered setbacks in the High Court, Chen said the admission of a petition for hearing does not amount to a defeat for the EC.

He explained that petitions may arise from differences in the interpretation of laws or dissatisfaction with a decision. The court’s request for affidavits and clarifications from the Council forms part of the judicial process to determine whether a decision is legally sustainable.

“The number of cases does not mean that we have acted wrongly,” he said, drawing an analogy with a fruit-laden tree attracting stones.

Chen added that even High Court judgments can be challenged before the Supreme Court, and an appeal alone does not establish that the lower court erred. Referring to a pending matter, he said a hearing was expected later this month but declined to discuss its details as it remained before the court.

On allegations of bias in Elaka matters, Chen maintained that the EC strictly observes the principles of natural justice. These include issuing notices seeking replies, allowing the parties concerned to present their arguments and complying with applicable legal procedures, including prescribed appeal periods.

He said requests had been received this year to reopen certain old matters decided through orders signed by a single Executive Member, despite the expiry of the 30-day appeal period.

Addressing protests against the EC, Chen acknowledged that the right to protest is guaranteed under the Constitution of India. However, he said a protest does not, by itself, establish that an EC decision is wrong or that every resident of the Hima concerned opposes it.

Those dissatisfied with a decision may seek relief before higher courts, while others may choose to express their grievances through protests, he added.

“I have come here to debate, not to make disparaging remarks,” Chen said.

On pending matters, he said the relevant figures would be furnished later.

Chen also informed the House that the EC had constituted a committee to examine the law in detail as part of efforts to strengthen Elaka administration. A Sanad Committee had also been formed and was expected to complete its work soon.

Clarifying the matter concerning Shella, he denied the allegation that the EC had suspended the Rangbah Shnong.

On political interference in Dorbars, Chen said any complaint received by the Council would be examined under the applicable customs and laws, with legal action taken if violations were established.

He reiterated that customary practices and the law must work together and support each other. The EC, he said, remains committed to protecting Khasi indigenous governance, respecting the distinct character of the Elakas and the role of traditional heads, and resolving disputes without political bias to ensure fair administration.

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