IAINEH NONGKHLAW v. STATE OF MEGHALAYA AND 6 ORS.
Court: High Court of Meghalaya
Bench: HON'BLE MR. JUSTICE B. BHATTACHARJEE
Judgment date:
Case summary
High Court of Meghalaya judgment dated 2025-06-02. IAINEH NONGKHLAW v. STATE OF MEGHALAYA AND 6 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Serial No. 20 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 149 of 2024 Date of Order: 02. 06. 2025 ___________________________________________________________ Shri. Iaineh Nongkhlaw Vs. 1. State of Meghalaya Represented S/o (L) B. S. Nongdhar, by the Secretary to the Government R/o Upper Lumparing of Meghalaya, District Council East Khasi Hills District Affairs Department, Shillong. Meghalaya-793004 2. Khasi Hills Autonomous District Council Represented by the Secretary, Executive Committee, Shillong. 3. Executive Committee, Khasi Hills Autonomous District Council, Shillong. 4. Secretary (Legislative) Khasi Hills Autonomous District Council, Shillong. 5. The Syiem of Mylliem, Mylliem Syiemship, Mawkhar Main Road, Shillong. 6. Shri Donbok Nongkhlaw Rngi, Son of Trial Nongkhalw Rngi, Resident of Mawnianglah, Upper Shillong, East Khasi Hills District, Meghalaya. 7. Shri Sainborlang Nongkhlaw Rngi, Son of Smti.
Elinda Nongkhlaw Rngi, Resident of Mawkhan, Upper Shillong, East Khasi Hills District, Meghalaya. ……Petitioner. ….. Respondents. Coram: Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance: For the Petitioner/Appellant(s) : Mr. K. Paul, Sr. Adv. with Mr. S. Chanda, Adv. For the Respondent(s) : Mr. J. N. Rynjah, GA. (R: - 1) Mr. T. T. Diengdoh, Sr. Adv. with Mr. J. K. Pariat, Adv. (R: 2-4) Mr. W. Jyrwa, Adv. (R – 5). Mr. P. Nongbri, Adv. (R: 6 & 7 ) ORAL:- Heard Mr. K. Paul, learned Counsel assisted by Mr. S. Chanda, learned Counsel for the petitioner, Mr. J. N. Rynjah, learned Counsel for the respondent No. 1, Mr. T. T. Diengdoh, learned Senior Counsel assisted by Mr. J. K. Pariat, learned Counsel for the respondents No. 2 – 4, Mr. W. Jyrwa, learned Counsel for the respondent No. 5 and Mr. P. Nongbri, learned Counsel for the respondents No. 6 & 7.
By this writ petition the petitioner has assailed the order dated 02- 05-2024 by the Deputy chief Executive Member, Khasi Hills Autonomous District Council. Mr. K. Paul, learned Senior Counsel for the petitioner at the outset points out that the impugned order has been passed by only one Executive Member of the Executive Committee, Khasi Hills Autonomous District Council which is contrary to the provision of Section 25 of the Khasi Hills Autonomous District (Appointment and Succession of Syiem, Deputy Syiem, Electors and Rangbah Shnong of Mylliem Syiemship) Act, 2007. He submits that the provision of Section 25 mandates that two or more members will be authorized to exercise power of the Executive Committee. He submits that the impugned order, as such, is incompetent. Mr. T. T. Diengdoh, learned Senior Counsel appearing for the Khasi Hills Autonomous District Council does not dispute the submission made on behalf of the petitioner.
In view of the above, without going into the merits of the case, the impugned order dated 02-05-2024 is hereby set aside and quashed leaving the matter to the Executive Committee of the District Council Court for reconsideration. The writ petition stands disposed of. No Costs. Judge Meghalaya 02. 06. 2025 “Biswarup PS”
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