MALCOMESTAR LYNGDOH MAWNAI v. THE KHASI HILLS AUTONOMOUS DISTRICT COUNCIL AND 3 ORS.
WP(C)/394/2023 · 2025-05-21
H S Thangkhiew
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 1321 (MEG) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1321 (MEG) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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Serial No.28 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG
WP(C). No. 394 of 2023
Date of Decision: 21.05.2025
Shri. Malcomestar Lyngdoh Mawnai.
…Petitioner
-Versus-
1. The Khasi Hills Autonomous District Council, Represented by the Secretary, Executive Committee, East Khasi Hills District, Shillong.
2. The Dy. Chief Executive Member, In-charge Elaka, Khasi Hills Autonomous District Council.
3. Syiem of Nonghlaw Syiemship, Nongkhlaw Syiemship, Mairang.
4. Sordar of Mawnai Village, Nongkhlaw Syiemship West Khasi Hills District, Meghalaya.
…Respondents
Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge
Appearance: For the Petitioner/Applicant(s) : Mr. H.L.Shangreiso, Sr. Adv. with
Mr. T.Dkhar, Adv.
For the Respondent(s)
: Mr. T.T.Diengdoh, Sr. Adv. with
Mr. C.C.T.Sangma, Adv. for R 1&2. 2025:MLHC:428
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Mr. M.L.Nongpiur, Adv. for R 3.
Mr. S.Wahlang, Adv.
Mr. F.N.Ropmay, Adv. for R 4.
i) Whether approved for reporting in
Yes/No
Law journals etc:
ii) Whether approved for publication
Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. The petitioner being aggrieved with an order dated 06-10-2023, passed by the Deputy Chief Executive Member, I/c Elaka Administration, whereby the recognition of two villages i.e. Pungsaniang and Ksehmawnai has been approved, is before this Court assailing the same.
2. However, as in other cases, Mr. T.T.Diengdoh, learned Sr. counsel assisted by Mr. C.C.T.Sangma, learned counsel appearing for the respondents No. 1 & 2, has drawn the attention of this Court to the impugned
order wherein the same has been authored and signed by a Single Executive Member.
3. Accordingly, as the same is not as per Rule 31 of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, the order is incompetent and is set aside and the matter is remanded back to the respondent No. 2 for fresh consideration. 2025:MLHC:428
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4. As the recognition of the new villagers has already been approved, to avoid any untoward incidents, status quo shall be maintained till fresh orders are passed by the Executive Committee.
5. It is expected that the matter be dealt with expeditiously preferably within a period of six months and adequate opportunity be afforded to all the parties.
6. Matter accordingly stands closed and disposed of.
Judge
2025:MLHC:428 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2025.05.21 03:20:21 IST