KHRISTWAN SWETT Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) The petitioners being aggrieved with the deletion of their names from the voters list for the elections to the Wahadadar Shella Confederacy are before this Court praying for directions for setting aside the impugned order dtd. 20/11/2024, whereby their names stand deleted, and further for preparation of a fresh voters list with their names included therein.

(2.) Mr. E. Nongbri, learned counsel for the petitioners submits that though as per the earlier voters list, which was notified on 12/6/2024, the names of the petitioners appear at Sl. Nos. 515 and 528 thereof, however on a certain complaint and without the petitioners being put to notice or being heard, their names have been deleted from the said voters list by the impugned order dtd. 20/11/2024. The learned counsel further submits that the petitioner No. 1 is an interested candidate for contesting the elections to the post of Wahadadar and the last date for filing of nominations is today the 28/11/2024, and the deletion of his name from the voter list he contends, has deprived the writ petitioner the valuable right to vote, as also to contest for the said post. He therefore, prays that the petitioner be allowed to put in his nomination and to contest the said election. It is also submitted that though remedy is provided in Sec. - 6 (d) (e) (f) of The United Khasi-Jaintia Hills Autonomous District (Election of Wahadadar) Act, 1955, due to the urgent nature of the case and shortage of time, the petitioner has been constrained to seek invocation of writ jurisdiction of this Court under Article, 226.

(3.) Mr. T.T. Diengdoh, learned Senior counsel assisted by Mr. R. Kharsyad, learned counsel for the respondents Nos. 1 to 4, has taken this Court to the Act, as also to the provisions dealing with the qualifications for the voters and for the post Wahadadarship. The learned Senior counsel submits that the conditions have been laid in Sec. 9, with regard to who is eligible to be a voter and in Sec. 13, as to who is eligible to contest for Wahadadarship. He submits that prima facie as his name had been objected to by the Village Dorbar (Sandi itself), the impugned order was therefore passed based on this input and consideration. However, he fairly submits that as the last date for filing of nominations is fixed for today, perhaps the writ petitioner may be allowed to file his nomination papers, however subject to scrutiny by the Returning Officer, as to his eligibility.