2024:MLHC:1095
Serial No. 04
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 437 of 2024
Date of Decision: 28.11.2024
1. Shri Khristwan Swett
2. Shri Karnat Swett ….. Petitioner(s)
Versus
1. Khasi Hills Autonomous District Council,
Represented by its Secretary,
Shillong, East Khasi Hills District, Meghalaya
2. The Deputy Chief Executive Committee,
The Khasi Hills Autonomous District Council,
Shillong-793002, East Khasi Hills District, Meghalaya
3. The Executive Committee,
The Khasi Hills Autonomous District Council,
Shillong-793002, East Khasi Hills District, Meghalaya
4. The Returning Officer,
The Khasi Hills Autonomous District Council,
Shillong-793002, East Khasi Hills District, Meghalaya
5. The Acting Wahadadar,
Shella Confederacy, Shella,
East Khasi Hills District, Meghalaya
6. The Headman,
Shella Village,
East Khasi Hills District, Meghalaya
7. The Secretary,
Shella Village,
East Khasi Hills District, Meghalaya … Respondent(s)
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Coram:
Hon’ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. E. Nongbri, Adv.
For the Respondent(s) : Mr. T.T. Diengdoh, Sr. Adv. with
Mr. R. Kharsyad, Adv. (For R 1-4)
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
JUDGMENT AND ORDER (ORAL)
1. The petitioners being aggrieved with the deletion of their
names from the voters list for the elections to the Wahadadar Shella
Confederacy are before this Court praying for directions for setting
aside the impugned order dated 20.11.2024, whereby their names stand
deleted, and further for preparation of a fresh voters list with their
names included therein.
2. Mr. E. Nongbri, learned counsel for the petitioners submits
that though as per the earlier voters list, which was notified on
12.06.2024, the names of the petitioners appear at Sl. Nos. 515 and
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528 thereof, however on a certain complaint and without the
petitioners being put to notice or being heard, their names have been
deleted from the said voters list by the impugned order dated
20.11.2024. The learned counsel further submits that the petitioner No.
1 is an interested candidate for contesting the elections to the post of
Wahadadar and the last date for filing of nominations is today the
28.11.2024, and the deletion of his name from the voter list he
contends, has deprived the writ petitioner the valuable right to vote, as
also to contest for the said post. He therefore, prays that the petitioner
be allowed to put in his nomination and to contest the said election. It
is also submitted that though remedy is provided in Section- 6 (d) (e)
(f) of The United Khasi-Jaintia Hills Autonomous District (Election
of Wahadadar) Act, 1955, due to the urgent nature of the case and
shortage of time, the petitioner has been constrained to seek invocation
of writ jurisdiction of this Court under Article, 226.
3. Mr. T.T. Diengdoh, learned Senior counsel assisted by Mr.
R. Kharsyad, learned counsel for the respondents Nos. 1 to 4, has taken
this Court to the Act, as also to the provisions dealing with the
qualifications for the voters and for the post Wahadadarship. The
learned Senior counsel submits that the conditions have been laid in
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Section 9, with regard to who is eligible to be a voter and in Section
13, as to who is eligible to contest for Wahadadarship. He submits that
prima facie as his name had been objected to by the Village Dorbar
(Sandi itself), the impugned order was therefore passed based on this
input and consideration. However, he fairly submits that as the last
date for filing of nominations is fixed for today, perhaps the writ
petitioner may be allowed to file his nomination papers, however
subject to scrutiny by the Returning Officer, as to his eligibility.
4. This Court has considered the submissions made by the
learned counsel for the parties, and also the circumstances which has
made the writ petitioners approach this Court at a late stage. The fact
that is undisputed is that the petitioners’ names had already appeared in
the earlier voters list but were deleted without affording the petitioners
any reasonable opportunity or hearing. As there is a clear violation of
the principles of natural justice in this regard, and considering the
urgent nature of the case, it is ordered that the interested petitioner
shall be permitted to file his nomination papers, which shall be subject
to scrutiny by the Returning Officer ,as to its eligibility. Further, on the
question of eligibility to vote, the respondent No. 3 as per the mandate
of Section-9, shall decide the matter accordingly. The writ petitioners
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shall file appropriate applications at the earliest and appear before the
Executive Committee, i/c Elaka on 03.12.2024, for consideration of
their petitions in accordance with law. As the learned Senior counsel is
present in Court, no notice is required to be issued to the Executive
Committee, in this regard.
5. As ordered above, the writ petition stands closed and
disposed of.
JUDGE
Meghalaya
28.11.2024
“V. Lyndem-PS”
Signature Not Verified 5 5
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Digitally signed by
VALENTINO LYNDEM
Date: 2024.11.28 17:58:10 IST