MORDING DORPHANG Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The subject-matter of challenge in the instant writ proceeding are essentially two orders; (i) an order dated 17.08.2020 passed by the Under Secretary to the Executive Committee, Khasi Hills Autonomous District Council, Shillong, addressed to The Syiem, Khyrim Syiemship and (ii) an order dated 02.09.2020 issued by the Syiem, Khyrim Syiemship, Smit, addressed to the private respondent No.6. For convenience, the two orders are reproduced hereinbelow:-

(2.) The writ petitioner has been suspended pending enquiry. The writ petitioner has raised several issues in the instant writ petition which includes challenging the vires of the second proviso under section 9 of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959.

(3.) In the facts and circumstances of the case, however, we may not be required to embark into a detailed enquiry into the matter sitting in judicial review for the simple reason that the issues sought to be raised before us in the instant writ petition are no more res integra, being fairly and squarely covered by the judgment of the Hon'ble Supreme Court in Civil Appeal No.4882/2002 (arising out of SLP (C) No.379/2002) - Khasi Hills Autonomous Dist. Council v. Charlestone Sohtun and ors. This judgment of the Hon'ble Supreme Court was rendered on 09.08.2002.