Meghalaya High Court
Shri. Kyrshon Marbaniang & Anr vs . State Of Meghalaya & Ors. on 18 May, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 02
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
MC[WP(C)] No. 147 of 2026 in
WP(C) No. 183 of 2025
Date of Order: 18.05.2026
Shri. Kyrshon Marbaniang & Anr Vs. State of Meghalaya & Ors.
Coram:
Hon'ble Mr. Justice W. Diengdoh, Judge
Appearance:
For the Petitioner/Appellant(s) : Mr. N. Syngkon, Adv. with
Ms. N. Sangma, Adv.
For the Respondent(s) : Mr. N. D. Chullai, AAG with
Ms. Z. E. Nongkynrih, GA for R 1, 5-7.
Ms. P.S. Nongbri, Adv. for R 2.
Mr. L. Khyriem, Adv. with Mr. W. Jyrwa, Adv. for R 3.
1. Heard Mr. N. Syngkon, learned counsel for the petitioners, who has submitted that the petitioners have come before this Court with an application under Article 226 of the Constitution of India, citing violation of the petitioners' Constitutional and Fundamental rights specifically mentioned in Article 14, 21, 25, 26 and 29 of the Constitution of India.
2. It is the submission of the learned counsel that the case of the petitioners is directed against the functioning of the Syiem of Mylliem and his office, the respondent No. 3 herein, more particularly with regard to the function 1 of the Myntris in the area of preservation of culture, tradition, religion and custom of the Khasi community within the Raid Mylliem.
3. It is also the submission of the learned counsel that there is an annual event within the Raid Mylliem relating to the holding of a religious ceremony known as "Ka leh niam Raid Mylliem". This sacred ceremony is intrinsically connected to the preservation of the belief and tradition of the indigenous faith/religion, that is, Niam Khasi, and to discharge this religious duty, the petitioner as the Lyngdoh (priest) along with the Myntri 5 Kur, 11 Kur (respondent No. 4) are responsible for the conduct of the same in all solemnity and dignity befitting the occasion. The ceremony is also to be performed at the sacred place known as Mawnarian and Lei Shyllong of Mylliem.
4. Such ceremony being directly linked to the profession of the Khasi religion, therefore, the adherence of the same would inevitably be those who are following the Khasi religion, practice of the same being guaranteed under Article 25, 26 and 29 of the Constitution of India. In this respect, the respondent No. 4 although being a Myntri of Hima Mylliem representing the 5 Kur, 11 Kur, he is by faith, a Christian, and as such, he is no longer following the indigenous faith or the Khasi religion. This being the case, it would be an aberration for such a person to conduct the aforesaid sacred religious ceremony, having become incapacitated to perform the said religious function because of his personal 2 religious belief which runs contrary to the requirement for the performance of the said "leh niam Raid Mylliem", submits the learned counsel.
5. It is precisely because of this reason that the petitioners in WP(C) No. 197 of 2026, pending adjudication before this Court, have contended that only person/representative belonging to the niam Khasi faith from amongst the eligible clan of 5 Kur, 11 Kur are to take part in the upcoming religious ritual that is, "ka leh niam Raid Mylliem", those having been converted to Christianity being disqualified to functions as such. In the midst of this, the learned counsel has submitted that the said religious function is slated to be conducted from 19 th to 24th May 2026.
6. In view of the fact that the controversy in this regard, has not yet been settled, it is prayed that in the meantime, the said religious ceremony scheduled to be held on 19.05.2026 at Mawnarian, Lei Shyllong Mylliem be stayed. Hence this petition.
7. Mr. L. Khyriem, learned counsel for the respondent No. 3 has submitted that there is no urgency in this matter for the same to be taken up today as the matter is listed for further hearing tomorrow. The learned counsel has however pointed out that as regard the participation of the respondent No. 4 in the said religious ceremony, a meeting was convened by the Syiem of Mylliem/respondent No. 3 on 08.05.2026 in which the petitioners in this case 3 were also present and are therefore party to the resolution passed therein, wherein in the penultimate paragraph, it is noted that the Syiem has urged all concerned to take part in the said ceremony including the Myntris 5 Kur, 11 Kur/ respondent No. 4.
8. This Court has considered the submission made by the learned counsels for the parties, and is of the considered view that the contention raised by the learned counsel for the petitioners has to be finally decided in the main petition, since the issue involved, covers a very sensitive area of faith and belief and the adherence to customary, traditional and religious practice of a particular community. However, as has been submitted by the learned counsel for the petitioners, under a charged atmosphere, it may not be convenient to have the performance of the said religious ceremony in a congenial manner. Accordingly, however, inconvenient it may appear, this Court taking into consideration not only the sentiment of the people involved, but also the apprehension of a possible law and order situation, is constraint to order for a stay of the said ceremony as far as 19.05.2026 is concerned.
9. The respondent Nos. 3 and No. 4 and all those involved in the preparation of the performance of the said religious ceremony, are directed to take note of this order and to act accordingly.
4
10. This is an ad-interim measure resorted to by this Court considering the fact that the respondent Nos. 4 and 8 herein, have not been issued notice in this matter. The petitioners are accordingly directed to take steps for issuance of notice upon the said respondents, the respondent Nos. 1, 2, 3, 5, 6, and 7 having been duly represented by their respective counsels today.
11. List this matter on 19.05.2026 before the regular bench along with the other related matters, which are also fixed for hearing on the said date. The stay order is to operate until the next returnable date or until further orders as directed by this Court.
12. Order accordingly.
Judge Meghalaya 18.05.2026 "D. Nary, PS"
Signature Not Verified 5 Digitally signed by DARIKORDOR NARY Date: 2026.05.18 20:30:43 IST