JAMES IANGRAI Vs. KHASI HILLS AOTONOMOUS DIST. COUNCIL

JUDGEMENT

(1.) The only grievance of the writ petitioner is with regard the dismissal of his election petition for default, on account of not being present when the matter was taken up for consideration.

(2.) It is submitted by Mr. Philemon Nongbri, learned counsel for the petitioners that the matter had been fixed before the One Man Election Tribunal on 14/5/2024, for recording of deposition, but however due to unavoidable circumstances in getting the affidavit notarized, there was a delay of 1 1/2 hours, in filing the same before the Tribunal. He submits that in spite of the explanation offered to the Tribunal, the same was not accepted and by the impugned order dtd. 14/5/2024, the election petition of the petitioner was dismissed. It is submitted that the dismissal of the election petition has deprived the writ petitioner of a remedy, as the subject matter in question is the challenge to the election of Mawlong Sirdarship. He therefore, prays that for the ends of justice, the impugned order be set aside and the proceedings be allowed to resume.

(3.) Mr. V.G.K. Kynta, learned Special counsel assisted by Ms. C. Nongkhlaw, learned counsel for the respondents Nos. 1, 2 and 3, has raised strong objections and submits that election matters being time bound, the same being before a specially constituted One Man Election Tribunal, the writ petitioner was duty bound to be present to pursue his case, but instead it appears that the writ petitioner by appearing late was not really interested in the same, which had resulted in the dismissal of the election petition.