Extracted from the PDF above. The PDF is authoritative.
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Serial No.19 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 27 of 2025
Date of Decision: 17.10.2025
Shri. Shariful Islam, S/o Abdul Mozid Rehman, Resident of Askikandi, West Garo Hills District, Meghalaya
…Petitioner
-Versus-
1. State of Meghalaya represented by the Commissioner & Secretary, Community & Rural Development, Government of Meghalaya.
2. Additional Mission Director, State Rural Employment Society, Meghalaya, Shillong.
3. The Deputy Commissioner and District Programme Co-coordinator MGNREGS Tura.
4. The BDO and Programme Officer MGNREGS Demdema C and RD Block, West Garo Hills.
5. Smti. Husneara Khatum, R/o. Askikandi, West Garo Hills District, Meghalaya (President of Khetadhowa VEC.)
6. Smti. Mousumi Begum, R/o. Askikandi, West Garo Hills District, Meghalaya (Secretary of Khetadhowa VEC.) 2025:MLHC:992
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7. Smti. Halima Khatun, R/o. Askikandi, West Garo Hills District, Meghalaya. (Women Member of Khetadhowa VEC).
…Respondents
Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge
Appearance: For the Petitioner/Applicant(s) : Mr. P.T.Sangma, Adv.
For the Respondent(s)
: Mrs. T.Yangi B, AAG with
Mr. J.N.Rynjah, GA for R 1-4.
Mr. S.K.Hassan, Adv. with
Ms. M.Rahman, Adv. for R 5-7.
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. A very serious objection has been raised with regard to the locus of the writ petitioner to maintain the instant writ petition. The objection is that the writ petitioner is not a resident of Khetadhowa, and as such, he does not have any vested right or locus to file the petition, as he is not a job card holder of the concerned VEC. 2025:MLHC:992
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2. Mr. P.T.Sangma, learned counsel for the petitioner, when queried by the Court, could not show any material to the contrary or to substantiate the assertion that the petitioner has any locus. 3. A perusal of the affidavit in the writ petition itself, reflects that the petitioner is a resident of Askikandi Village, and not of Khetadhowa. The affidavit given by the petitioner is reproduced herein below:
“AFFIDAVIT
1. Shri. Shariful Islam S/o Abdul Mozid Rehman aged about 40 years Resident of Askikandi, West Garo Hills District, Meghalaya West Garo Hills District, Meghalaya do hereby solemnly affirm and declare as follows:
1. That I am the petitioners in the instant case and fully conversant with the facts and circumstances of the case and competent to swear this affidavit for myself. 2. That the statements made in para 1-17 are true to the best of my knowledge and belief and the rest are my humble and respectful submission. I sign this affidavit on this the 10th day of February, 2025 at Shillong. VERIFICATION
Verified at Shillong, on this the 10th day of February, 2025 that the contents of the above affidavit are correct and true to the best of my knowledge, belief and nothing has been concealed therefrom. Identified By:
DEPONENT (Mr. P.T.Sangma) Advocate, Shillong.”
2025:MLHC:992
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4. The affidavit filed by the State respondents as also the private respondents have specifically raised this issue with regard to his locus, but however, in the rejoinder filed by the writ petitioner, the same was not addressed or any explanation afforded. 5. This Court further notes that no materials, such as, register of job card holders showing his name has been furnished by the writ petitioner.
In this backdrop therefore, this Court is not inclined to entertain this writ petition and the same is dismissed in limine with a cost of ₹ 5000/- to be paid by the writ petitioner within a period of two weeks from today to the Meghalaya State Legal Services Authority for legal aid. 6. Though further action is called for to be taken against the writ petitioner for suppression of material facts and for misleading the Court, however, in the considered view of this Court, the dismissal of the writ petition and the imposition of cost will be sufficient to deter the petitioner from engaging any such misadventures. 7. As ordered above, writ petition is dismissed. Judge
2025:MLHC:992 Digitally signed by SAMANTHA ANNA LIYA RYNJAH Date: 2025.10.17 05:43:07 IST