NUR ALOM SIDDIK v. THE GARO HILLS AUTONOMOUS DISTRICT COUNCIL AND 3 ORS.
WP(C)/297/2024 · 2025-05-01
H S Thangkhiew
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 1038 (MEG) · dailylaw.ai ]
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[ 2025 DAILYLAW 1038 (MEG) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 05 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG
WP(C) No. 297 of 2024
Date of Decision: 01.05.2025
Shri Nur Alom Siddik
…. Petitioner(s)
Versus
1. The Garo Hills Autonomous District Council, Represented by its Secretary, Executive Committee, West Garo Hills, Tura. 2. The Chief Executive Member, Garo Hills Autonomous District Council, Tura
3. The Executive Member, I/C Revenue & Land, Garo Hills Autonomous District Council, Tura
4. Shri Rezaul Karim, S/o Lt. Abdur Roshid R/o Magurmari P.O. Haripur & P.S. Phulbari, West Garo Hills District, Meghalaya. … Respondent(s)
Coram: Hon’ble Mr. Justice H. S. Thangkhiew, Judge
Appearance: For the Petitioner(s) : Mr. P.T. Sangma, Adv. For the Respondent(s) : Mr. S. Dey, Adv. (For R 1-3)
Mr. S.A. Sheikh, Adv. (For 4)
_________________________________________________________ i) Whether approved for reporting in
Yes/No
Law journals etc:
ii) Whether approved for publication
Yes/No
in press: (ORAL)
1. By way of this second round of litigation, the writ petitioner is assailing the Inquiry Report dated 11.07.2024, whereby the private respondent has been found to be enjoying the support of the villagers of Magurmari, and to be appointed as a permanent Goanbura. It appears that the private respondent by the most recent order dated 10.02.2025 has been allowed to discharge the duties as Goanbura for the further period of 6(six) months w.e.f. 03.02.2025 to 03.08.2025. 2. Mr. P.T. Sangma, learned counsel for the petitioner on an earlier occasion has submitted that as further extension was not given, the elections should be held in accordance with law as provided in the Assam Land and Revenue Regulation, 1886. 3. Mr. S. Dey, learned counsel for the respondents Nos. 1, 2 & 3, at the bar and as per instructions received has submitted that immediately on expiry of the extension of service of the private respondent i.e. Shri Rezaul Karim, the respondents Nos. 1, 2 & 3 will conduct fresh elections to the post of Goanbura in August, itself. Page 3 of 3
4. Mr. S.A. Sheikh, learned counsel for the respondent No. 4, has submitted that in fact elections are not necessary as Shri Rezaul Karim, being the son of (L) Abdur Roshid, Goanbura by right can occupy the office. He further submits that the Rules also do not provide that appointment should be by election but the same can also be by selection. 5.
This Court has noted the submissions of the parties, specially the submission made by Mr. S. Dey, learned counsel for the respondents Nos. 1, 2 & 3 that election will be conducted, and as the official respondents are the best judge of the course of action to be taken, and as they have submitted that the election will be conducted in August, this writ petition is closed at this stage that the instructions given verbally today, be carried faithfully. 6. With the above directions, the matter stands closed and is accordingly disposed of. JUDGE
Meghalaya 01.05.2025
“V. Lyndem-PS”