Syiem Raid Marngar and Dorbar v. Khasi Hills Autonomous District Council and 5 Others

Serial No. 07 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 42 of 2025

Date of Decision: 21.05.2025 Syiem Raid Marngar and Dorbar, Mylliem Syiemship, Ri-Bhoi District

…. Petitioner(s)

Versus

¶1The Khasi Hills Autonomous District Council, Represented by its Secretary, Shillong East Khasi Hills District, Meghalaya

¶2The Chief Executive Member, Khasi Hills Autonomous District Council, Shillong-793002, East Khasi Hills District, Meghalaya.

¶3The Deputy Chief Executive Member, Khasi Hills Autonomous District Council, Shillong-793002, East Khasi Hills District, Meghalaya

¶4The Executive Member (EM) incharge, Khasi Hills Autonomous District Council, Shillong-793002, East Khasi Hills District, Meghalaya

¶5Joint Action Committee, San Shnong, Hima Mylliem, Ri-Bhoi District, represented by its Secretary Shri. L. Wahlang,

¶6Syiem of Hima Mylliem, Mylliem Syiemship … Respondent(s)

_________________________________________________________ Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge

Appearance: For the Petitioner(s) : Mr. H.L. Shangreiso, Sr. Adv. with

Mr. T. Dkhar, Adv.

For the Respondent(s) : Mr. T.T. Diengdoh, Sr. Adv. with

Mr. R. Kharsyad, Adv. (For R 1-4)

Mr. L. Wahlang, (For R 5)

Mr. R. Kharjahrin, Adv. (For R 6)

i) Whether approved for reporting in

Law journals etc:

ii) Whether approved for publication

in press:

(ORAL)

¶1This writ application has been filed by the writ petitioner, who is stated to be the Syiem of Raid Marngar assailing the order dated

21.01.2025, whereby the respondent No. 2 by the said impugned order, on the prayer of the Joint Action Committee (JAC) Dorbar Ki Khasi San Shnong, representing the Villages of Mawtnum, Umjarasi, Iewmawlong, Umbuda and Mawphrow had approved the creation of a separate Raid known as "Raid San Shnong", outside the jurisdiction of Raid Marngar.

¶2It is submitted by Mr. H.L. Shangreiso, learned Senior counsel for the petitioner assisted by Mr. T. Dkhar, learned counsel for the petitioner that the said order was passed without hearing the petitioner, who is vitally interest in the matter.

¶1Mr. T.T. Diengdoh, learned Senior counsel assisted by Mr. R. Kharsyad, learned counsel for the respondents Nos. 1 to 4, has submitted that on examination of the impugned order, it appears that the same has been authored and signed by a single Executive Member, and as such by operation of Rule-31 of The Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, is against the mandate that an order passed by an individual member of the Executive Committee on a matter pertaining to his subject, the same should be in furtherance to a discussion or authorization, which appears to be absent in the present case.

¶3Accordingly, without further going into the merits of the case, as the impugned order itself is patently illegal in the face of the record, the same is set aside and the matter is remanded back to the respondent No. 2, to pass necessary orders thereon.

¶4It is made clear that adequate opportunity be granted to the parties concerned before any further orders pass.

¶5With the above noted directions, the matter stands closed and is accordingly disposed of.

JUDGE

Meghalaya

21.05.2025 "V. Lyndem-PS"

Date: 2025.05.21 06:02:26 IST