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2025 DAILYLAW 1321 (MEG)

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

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 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 2 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 3 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