3. It is immaterial to decide the question whether the Magistrate took cognisance as an Assistant to the Deputy Commissioner under the provisions of the Rules for the Administrattion of Justice and Police in the Khasi-Jaintia Hills or as a Magistrate under Section 145, Cr.P.C. as in any view of the matter it cannot be argued that this Court has no jurisdiction to revise the order passed by the Magistrate. As held by this Court in its decision dated 19-9-61 in Criminal Revn. No. 57 of 1961, U Join Manick Syiem v. U Rose Mohan Roy Myntri , the Assistant to the Deputy Commissioner has power to take action similar to the one contemplated under Section 145, Criminal P. C. in view of R. 22 of the United Khasi-JaintJa Hills Autonomous District (Administration of Justice) Rules, 1953.
2. The facts giving rise to the proceeding involving likelihood of breach of peace with respect to certain land, where jhum cultivation is being carried on. are not material for the present cur-pose. The matter came up before my learned brother Pathak, J. who referred the question of law which appears to be raised by the petitioner to the effect that Rule 23 (2) and Rule 24 (1) of the Garo Hills Autonomous District (Administration of Justice) Rules, 1953. hereinafter called 'the Rules' are ultra vires Para 4 of the Sixth Schedule to the Constitution of India. It has been also mentioned in the reference that a Division Bench decision of this Court in AIR 1963 Assam 31 (Manick Syiem v. U. Rose Mohan Roy) and the decision reported in ILR (1963) 15 Assam 66 (U.F. Siem v. U. Lebanon Kharkongor) and an unreported decision in Criminal Ref.