Khasi Hills Autonomous vs . Shri. Arwordsing Kharmawphlang on 10 April, 2019

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Meghalaya High Court

Khasi Hills Autonomous vs . Shri. Arwordsing Kharmawphlang on 10 April, 2019

Bench: H.S. Thangkhiew

                                                  1



Serial No. 19
Regular List
                             HIGH COURT OF MEGHALAYA
                                 AT SHILLONG

   MC[WP(C)] No. 70 of 2019
   In WP(C) No. 38 of 2019
                                                              Date of Order: 10.04.2019
   Khasi Hills Autonomous               Vs.   Shri. Arwordsing Kharmawphlang
   District Council & Anr.                    & Ors.
   Coram:
                    Hon'ble Mr. Justice H.S. Thangkhiew, Judge
   Appearance:
   For the Petitioner(s)/Applicant(s)         :       Mr. V.G.K. Kynta, Sr. Adv. with
                                                      Ms. V. Mawlieh, Adv.
   For the Respondent(s)/Opp.Party(s)         :       Mr. K.C. Gautam, Adv.

Mr. L. Khyriem, Adv. (For R 3 & 4) Mr. P. Yobin, Adv. (For R 5) Heard Mr. V.G.K. Kynta, learned Sr. counsel assisted by Ms. V. Mawlieh, learned counsel for the applicants/respondents No. 1 & 2 who submits that the instant writ application is not maintainable in view of the provisions as contained in Section 17 of the Khasi Hills Autonomous District (Appointment and Succession of Syiem, Deputy Syiem, Electors and Rangbah Shnong of Mylliem Syiemship) Act, 2007.

Mr. K.C. Gautam, learned counsel for the opposite party/petitioner has filed objection to the same and has submitted that notwithstanding the provisions contained in the said Act covering this matter, the jurisdiction of this Court is not ousted in view of the arbitrariness and the violation of the principles of natural justice, for which he has approached this Court.

After hearing at some length, it is seen that an affidavit is necessary from the respondent No. 1 & 2 to fully and completely adjudicate the matter on all aspects. As such, it is directed that the respondent No. 1 & 2 to file the counter affidavit within 3(three) weeks and the matter will be taken thereafter. The question of maintainability will be taken together in the final hearing.

Mr. L. Khyriem, learned counsel for the respondent No. 3 & 4 has already filed the counter affidavit and the same is on record.

Mr. P. Yobin, learned counsel for the respondent No. 5 also to file the counter affidavit within 3(three) weeks.

List the matter after 3(three) weeks.

Judge Meghalaya 10.04.2019 "D. Nary, PS"

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