GOODNIGHT L. SYIEMLIEH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By means of this writ petition, the writ petitioner has challenged the constitutional validity of amendment made in Sec. 2 of the Khasi Hills Autonomous District Council (Nomination and Election of Syiem, Deputy Syiem, Headman of Langrin Syiemship) (Second Amendment) Act, 2010. The writ petitioner has further challenged the report dated 25-5-2009 of Executive Members of Khasi Hills Autonomous District Council (for short KHADC), and the consequential order dated 2-6-2009 passed by Executive Committee of KHADC. The writ petitioner has further sought his reinstatement to the post of Syiem of Langrin Syiemship.

(2.) Heard learned counsel for the parties and perused the papers on record.

(3.) Briefly stated, the writ petitioner has pleaded that he was duly elected as Syiem of Langrin Syiemship in the election held on 18-10-2000 and a Sanad to this effect was issued in his favour by the District Council. He has further pleaded that under KHADC (Nomination and Election of Syiem, Deputy Syiem, Headman of Langrin Syiemship) Act, 2007, only the members belonging to Syiemlieh Clan or Syiemiong Clan of Langrin Syiemship are entitled to contest and hold the post of Syiem of Langrin Syiemship. It is further stated that KHADC (Nomination and Election of Syiem, Deputy Syiem, Headman of Langrin Syiemship) (Second Amendment) Act, 2010 was passed whereby the definition of "Syiem Clan" given in clause (n) in Sec. 2 of the said Act was changed, and thereby the writ petitioner and other members of the Syiemlieh Clan are deprived of their right to contest and hold the post of Syiem of Langrin Syiemship, allegedly, in total disregard to the customs and practices prevailing in the Elaka from time immemorial.