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2019 DIGILAW 14 (MEG)

Carlos D. Sangma v. State of Meghalaya

2019-02-11

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : MOHAMMAD YAQOOB MIR, J. 1. Petitioner by instant petition as prayed for issue of writ of mandamus so as to command the respondents to define the term Mulor used in the proviso of Rule 5 of the Rules of 2015 and to publish such definition within time as the Court may deem appropriate. 2. Learned counsel for respondent No. 3 pointed out that earlier by medium of WP(C) No. 297 of 2015, similar position was projected, same was disposed of vide order dated 03.05.2017 wherein, it has been observed that petition may not be worth to be entertained. Confronted with that position, the petitioner had withdrawn the petition. Subsequently, he has moved a representation addressed to the Secretary, Khasi Hills Autonomous District Council Magistrate Branch with a prayer that the word Mulor as used in the proviso of Rule 5 may be defined, the representation appear not to have been considered. 3. Now, according to the learned counsel for respondent No. 3 this petition due to later developments is rendered infructuous because the publication of the Khasi Autonomous District Council (Appointment and Succession of Chiefs and Headman) Rules of 2015 published in Part IV of the Gazette of Meghalaya, Extraordinary Published by Authority dated 21.08.2015 has been declared as unauthorised vide Notification dated 20.12.2015 published in the Gazette of Meghalaya, Extraordinary Published by Authority. Once publication of the rules has been declared unauthorised, rules as such are not into force. 4. Suffice it to say that the representation of the petitioner which he had submitted to the Secretary as stated above as a result of the earlier disposed of writ petition, [WP(C) No. 297 of 2015] shall be open to be considered by the respondent authorities. 5. Petition for the aforestated reasons does not survive, therefore, dismissed. Dismissal of this petition will not preclude the petitioner to reagitate, if need arises i.e., if rules by publication afresh in the Government Gazette, are brought into force. 6. Disposed of as above.