KINGLAND THONGNI Vs. THE KHASI HILLS AUTONOMOUS

JUDGEMENT

(1.) WE have heard learned counsel for the parties and perused the pleadings of the writ appeal.

(2.) THE precise dispute, according to learned counsel for petitioner, impugned in this writ appeal is that by violating the principle of natural justice, no inquiry was conducted in respect of the show cause notice and the reply filed by the appellant thereto. It appears that the petitioner was a Myntri of Rangjadong Village for considerably long period, say, over 1 1/2 decade. Therefore, the minimum that he was entitled to get was an opportunity to explain and submit reply to the complaint made against him. It appears that after submission of explanation to the show cause notice, the Syiem of Maharam Syiemship passed the order dated 15 -12 -2010, for conduct of referendum against the appellant, and the said order was upheld by the Executive Committee of Khasi Hills Autonomous District Council (for short KHADC), Shillong, vide its order dated 27 -04 -2011, by rejecting the political appeal of the appellant. The said order dated 15 -12 -2010, passed by the Syiem and the appellate order passed by the Executive Council of KHADC, were challenged in WP(C) No. (SH) 213/2011. Which was rejected, basically, on the ground that after the impugned orders were passed, the referendum was held and some other person was appointed as Myntri of Rangjadong Village. The said order was not questioned by way of amending the writ petition or by filing a separate petition.

(3.) THEREFORE , none of the grounds provided in the Act namely, loosing the confidence of the majority of his electors, or conducting himself in a manner derogatory to his office or by such act undermining the authority of the Council, or he is found to be mentally unfit or incapable to carry out the administration of the Hima due to ill health, old age or habitual drunkenness, can be said to invite the impugned orders.