CHERUBIN THONGNI Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) In this petition, filed as Public Interest Litigation (PIL), the petitioner has pointed out that 6 (six) constituencies of the Khasi Hills Autonomous District Council ('KHADC') had gone unrepresented for the last ten months after the earlier elected members had resigned; and the respondents were not taking steps for holding fresh elections for such constituencies.

(2.) After the learned counsel appearing for the Government and KHADC were given time on 27.07.2016 to take instructions and it was found that the concerned officers had not extended them requisite instructions, this Court on 19.08.2016, imposed costs and posted the matter today. The order dated 19.08.2016 reads as under:-

(3.) Today, upon taking up of this mater in the first session sitting of the Court, it was pointed out on behalf of the Government that the amount of costs has been deposited and it was submitted that the reason for not holding elections had been that the Government received a letter dated 05.02.2016 from the Secretary to the Executive Committee, KHADC, purportedly raising objection against holding of fresh elections at the cost of the District Council. It was, on the other hand, found that the respondents No. 5 and 6 had not even deposited the amount of costs. Taking note of the overall circumstances, we granted time to the learned counsel for the parties, if the parties would consider taking all corrective measures today itself; and looking to the fact that the matter concerned deprivation of 6 (six) constituencies of KHADC of representation for over 10 (ten) months and thereby defeating the very basics of democracy, we posted the matter in the second session sitting of the Court itself while noticing and observing as under:-