Khamborlang Kharchandi v. Craig Alan Lyngdoh and 2 Others

JUDGMENT AND ORDER (ORAL)

¶1Mr. B.Khyriem, learned counsel has entered appearance today on behalf of the respondent No. 2 Election Committee, as such, notice is complete on all the respondents.

¶2Mr. T.T.Diengdoh, learned Sr. counsel assisted by Mr. R.Kharsyad, learned counsel on behalf of the respondent No. 3 has submitted that as per the provisions of the United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, any grievance against the order of the Chief, an appeal is first to be put before the Executive Committee, KHADC. In the instant case, he submits that the dispute is with regard to the rejection of nomination of the writ petitioner by the Chief for contesting for the post of Rangbah Shnong, and as such, this instant writ petition was filed before this Court, perhaps due to urgency instead of approaching the respondent No. 3.

¶3Mr. H.R.Nath, learned counsel for the respondent No. 1 submits that the affidavit has since been filed.

¶4Having considered the matter on the submissions and perusal of the materials as placed, it is noted that this instant matter was taken up by this Court on 18-02-2025, in view of the fact that the election to the post of Headman/Rangbah Shnong of Mawngap Khliehshnong was scheduled on 18-02-2025 itself, and on the ground that irreparable injury would be caused to the writ petitioner who was debarred from contesting the same, this Court had passed the interim order keeping the election results in sealed cover and under the custody of the respondent No.3, for the time being.

¶5Today, as this matter hangs in balance and in view of other developments, this Court deems it a fit case to remand the same to be adjudicated by the respondent No. 3 (Executive Committee, KHADC), who shall after hearing the parties, pass appropriate orders thereon, after taking all relevant facts into consideration. The writ petitioner is therefore directed to approach the respondent No. 3 with a proper political appeal and after due notice, the respondent No. 3, shall dispose of the matter in accordance with law. It is further provided that till further orders are passed by the respondent No. 3, the results of the election shall be kept in abeyance. The writ petitioner shall file the appeal within a period of one week from today and the parties shall be put to notice to appear thereafter, in the next two weeks.

¶6With the above directions, matter stands closed and disposed of.

Judge

Date: 2025.03.18 17:20:57 IST

Serial No.01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 39 of 2025 Date of Decision : 18.03.2025 Shri. Khamborlang Kharchandi …Petitioner -Versus- 1. Shri. Craig Alan Lyngdoh, The Lyngdoh (Chief) Mawphlang Lyngdohship S/o Shri. J.S.Massar, R/o Mawngap Dukan, East Khasi Hills District, Meghalaya. 2. Election Committee, Mawphlang Lyngdohship Represented by the Chairman/Secretary. 3. The Khasi Hills Autonomous District Council Represented by its Secretary, Shillong, Meghalaya. …Respondents. Coram: Hon'ble Mr. Justice H.S.Thangkhiew, Judge Appearance: For the Petitioner/Applicant(s) : Mr. S.R.Lyngdoh, Adv. Mrt. K.V.E.Kharnongbak, Adv. For the Respondent(s) : Mr. H.R.Nath, Adv. for R 1. Mr. B.Khyriem, Adv. for R 2. Mr. T.T.Diengdoh, Sr. Adv. with Mr. R.Kharsyad, Adv. for R 3 i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: