Shnat Hima Nongwah Mawtamur, Sohiong Lyngdohship Represented by Its Sirdar v. Khasi Hills Autonomous District Council and 4 Ors

JUDGMENT AND ORDER (ORAL)

¶1Heard Mr. B. Khyriem, learned counsel for the petitioner.

¶2Issue notice.

¶3Mr. T.T. Diengdoh, learned Senior counsel assisted by Mr. R. Kharsyad, learned counsel is present and accepts notice on behalf of the respondents Nos. 1, 2 & 3, so no further notice is called for in respect of these respondents.

¶4As the matter involves a technicality with regard to the impugned order, notice to the respondents Nos. 4 & 5, is dispensed with.

¶5Mr. B. Khyriem, learned counsel for the petitioner submits that the matter concerns the administration of Shnat Hima Nongwah Mawtamur, which falls under the Sohiong Lyngdohship, and where, the same was placed under Jirang Syiemship due to an erroneous arrangement made in 2015. He further submits that the same has since been corrected by the respondents Nos. 1, 2 & 3 vide order dated 13.12.2024, however the order was signed by a Single Executive Member, which makes the order incompetent, inasmuch as, as per Rule-31 of The Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, a minimum of 2(two) Members are to sign any order of the Executive Committee.

¶6Mr. T.T. Diengdoh, learned Senior counsel assisted by Mr. R. Kharsyad, learned counsel for the respondents Nos. 1, 2 & 3, also does not dispute this point and in this regard, has also placed a Judgment of this Court dated 16.05.2025 passed in WP(C) No. 455 of 2024.

¶7In this view of the matter on this short point, the matter is disposed in the motion stage itself, by remanding the matter back to the Executive Committee, Khasi Hills Autonomous District Council to pass appropriate orders, within a period of 2(two) months from the date of receipt of this order. Till then, it is provided that status quo shall be maintained with regard to the administration of Shnat Hima Nongwah Mawtamur.

¶8With the above noted directions, this writ petition stands closed and is accordingly disposed of.

JUDGE

Meghalaya

11.08.2025 "V. Lyndem-PS"

Date: 2025.08.11 14:46:43 IST

Serial No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C) No. 335 of 2025 Date of Decision: 11.08.2025 Shnat Hima Nongwah Mawtamur, Sohiong Lyngdohship represented by its Sirdar Shri Estansing Jana Nongbet S/o (L) Jestibon Jana Nongbet, Age-56 R/o Mawmaram Village, East Khasi Hills District … Petitioner(s) Versus 1. Khasi Hills Autonomous District Council, Represented by its Secretary, East Khasi Hills, Meghalaya 2. Executive Committee Khasi Hills, Meghalaya East Khasi Hills District. 3. Member In-Charge Elaka Administration, East Khasi Hills, Meghalaya 4. Sohiong Lyngdohship represented by its Acting Lyngdoh, Sohiong Lyngdohship, Sohiong East Khasi Hills District, Meghalaya 5. Jirang Syiemship represented by its Chief, Jirang Syiemship, Ri-Bhoi District. … Respondent(s) ______________________________________________________ Coram: Hon'ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Petitioner(s) : Mr. B. Khyriem, Adv. with Mr. P.L. Sawkmie, Adv. For the Respondent(s) : Mr. T.T. Diengdoh, Sr. Adv. with Mr. R. Kharsyad, Adv. (For R 1-3) i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: