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Accordingly, the impugned order dated 03.12.2024 shall not be given effect to, and the petitioner be allowed to function as Sirdar of Nongpoh Sirdarship, presently.

As this order has been passed in the absence of the official respondents, they are at liberty to file appropriate applications for vacation, alteration, if deemed necessary.

List this matter on 07.02.2025."

4. The applicants in these Misc. Applications have based their prayers for vacating the interim order, which allowed the writ petitioner to continue in office, on the plea that the writ petitioner though re-instated has since lost the confidence of the Lyngdoh Raid(s), Electors and also the Longsan and Mansan of the Nongpoh Sirdarship, which has created a deadlock in the administration of the said Sirdarship. It has also been stated in the applications that the suspension was on the basis of fresh complaints and that due process had been followed, apart from the exercise of statutory authority of the District Council under the Act, which empowered it to suspend or remove a Chief and to take necessary measures for the purposes of administrative exigency.

2025:MLHC:303 2025:MLHC:304

5. Mr. S. Marpan, learned counsel for the applicant in MC(WPC) No. 218 of 2024, has submitted that based on the subsequent complaints, notice had been issued to the writ petitioner providing him an opportunity to respond, and it was only after hearing the submissions of the parties on 24.09.2024, and consequent upon the submissions and written arguments, that the impugned order dated 02.12.2024, was passed placing the writ petitioner under suspension pending inquiry. The interim order he submits, by allowing the writ petitioner to continue in office has resulted in an administrative deadlock in the Sirdarship.

- B, as also other complaints dated 30.09.2024, protesting against the writ petitioner's re-instatement. He therefore submits that with the loss of 2025:MLHC:303 2025:MLHC:304 confidence and the deadlock in the administration that has occurred, the vacation of the interim order is necessary to allow a duly appointed Administrator, to look after the administration pending the inquiry.

10. Section 6 of the United Khasi and Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act 1959, contemplates in the second proviso the opportunity of being heard before suspension or removal, which appears to have been resorted to by the District Council. Thus, it is not a case as contemplated under the exceptions provided to the second proviso, wherein an order of suspension can be made pending inquiry. Section 19 of the Act, though providing for emergency provisions in cases of administrative deadlock, to the mind of this Court, and on submissions of the parties would not be attracted at this stage, as the factum of administrative deadlock has not been established.