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2025 DAILYLAW 1476 (MEG)

HERINSINGH KHONGNGAI v. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL AND 5 ORS.

WP(C)/653/2025 · 2025-12-15

H S Thangkhiew

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Serial No.24 Supp. List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 653 of 2025 Date of Decision: 15.12.2025 Shri. Herinsingh Khongngai, S/o. Shri. Wor Masynting. …Petitioner -Versus- 1. Khasi Hills Autonomous District Council represented by its Secretary, East Khasi Hills District, Shillong. 2. The Deputy Secretary to the Executive Committee, Khasi Hills Autonomous District Council, Shillong. 3. The Chairman, Khasi Hills Autonomous District Council, East Khasi Hills District, Shillong. 4. The Chief Executive Member, Khasi Hills Autonomous District Council, East Khasi Hills District, Shillong. 5. The Executive Member, I/C Elaka, Khasi Hills Autonomous District Council, East Khasi Hills District, Shillong. 6. Shri. Biggestson Lyngdoh, Acting Sordar, Raid Shabong, Khyrim Syiemship. …Respondents 2025:MLHC:1222 2 Coram: Hon’ble Mr. Justice H.S.Thangkhiew, Judge Appearance: For the Petitioner/Applicant(s) : Mr. A.G.Momin, Adv. Ms. L.D.Sangma, Adv. For the Respondent(s) : Ms. P.S.Nongbri, Adv. for R 1-5. Mr. Philemon Nongbri, Adv. for R 6. 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. Heard Mr. A.G.Momin, learned counsel for the petitioner. 2. Issue notice. 3. Ms. P.S.Nongbri, learned counsel is present on behalf of the respondents No. 1-5 and Mr. Philemon Nongbri, learned counsel is present on behalf of the respondent No. 6. 4. The grievance of the writ petitioner is with the suspension pending inquiry which was issued vide order dated 01-12-2025, on complaints that had been made against him alleging that he has engaged in acts of gross misconduct, unauthorised land-related activities etc. It is submitted that no 2025:MLHC:1222 3 provision has been quoted in the suspension order and as such, on this ground itself, the suspension order is incompetent. 5. Ms. P.S.Nongbri, learned counsel for the respondents No. 1-5, has submitted that this is only a suspension pending inquiry, and as the removal and suspension of Headman is still regulated by the Appointment of Chief Act, 1959, there is no illegality in the impugned order, and at this stage, no interference is called for, and the petitioner is to face the inquiry. 6. Mr. Philemon Nongbri, learned counsel for the respondent No. 6 submits that he has since taken over charge as Acting Sordar, and has supported the submissions made by the learned counsel for the District Council respondents No. 1-5. 7. From the submissions and on examination of the materials, it is seen that the suspension order though not specifically detailing the provision under which the petitioner has been suspended, however, on a perusal of Section 9 of the Khasi Hills Autonomous District (Administration and Election of Sordars of Saw Riad, Khyrim Syiemship) Act, 1997, at Section 17 thereof, it is seen that in matters of removal or suspension of Sordar, the provision of Section 9 of the United Khasi & Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, would apply mutatis mutandis. In this view of the matter, as the parent act 2025:MLHC:1222 4 still governs the removal and suspension of the Sordars of Saw Raid, no interference is called for at this stage. However, it is directed that the inquiry should be concluded at the earliest preferably within four months from the date of this order. 8. Matter is accordingly closed and disposed of. Judge 2025:MLHC:1222 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2025.12.15 20:39:24 IST