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2021 DIGILAW 92 (MEG)

Pailot Nongphud v. K. H. A. D. C.

2021-11-16

H.S.THANGKHIEW

body2021
JUDGMENT 1. The instant writ application under Article 226 is with regard to the election of Sordar of Mawrang village of Rambrai Syiemship. The grievances as set forth is that, the election which was held on 10.04.2021 wherein the petitioner was elected had not been given recognition and acted upon by the respondent No. 4, who had not issued Sanad to the petitioner No. 1, citing various reasons that complaints had been lodged by the respondent No. 5 & 6. The respondent No. 4 had also issued a notification taking over the administration of Mawrang village for the time being. 2. Faced with the situation, the writ petitioners have preferred the instant writ petition assailing the notification dated 30.09.2021, issued by the respondent No. 4, and also to pass necessary orders to hold a fresh election to the post of Sordar of Mawrang village to be conducted and presided over by the District Council. 3. I have heard learned counsel for the parties, namely Mr. S.M. Suna, learned counsel for the petitioners, Mr. V.G.K. Kynta, learned Senior counsel assisted by Ms. G. Kynta, learned counsel for the respondent No. 1, 2 & 3 and Mr. B. Khyriem, learned counsel for the respondent No. 4. 4. At the outset, Mr. V.G.K. Kynta, learned Senior counsel submits that the District Council has examined the matter and also based on the communication dated 15.11.2021, which has been produced before this Court are amenable to the prayer of the petitioners for the conduct of fresh election. 5. Mr. B. Khyriem, learned counsel for the respondent No. 4 also concurs to the submissions made by Mr. V.G.K. Kynta, learned Senior counsel and undertakes that the respondent No. 4 will complete the election process by 15.12.2021, in accordance with Khasi Hills Autonomous District (Nomination and Election of the Syiem, Deputy Syiem, Lyngdoh and Sordar of Rambrai Syiemship) Act, 2010, specifically given under Section 10 (3). 6. In view of this development, all the parties present are agreeable that the matter be disposed of with directions that fresh election be conducted to the post of Sordar of Mawrang village within 15.12.2021, in accordance with law. Mr. V.G.K. Kynta, learned Senior counsel also submits that for the smooth conduct of the election, on the polling day the officials of the respondent No. 1, 2 & 3 shall be present to observe the same. 7. Mr. V.G.K. Kynta, learned Senior counsel also submits that for the smooth conduct of the election, on the polling day the officials of the respondent No. 1, 2 & 3 shall be present to observe the same. 7. In view of the circumstances as stated, this writ petition accordingly stands disposed of. The letter dated 15.11.2021, both in vernacular and translated copy are placed herein are made part of the record.