PHENGLY MAWTYLLUP Vs. K.H.A.D.C.

JUDGEMENT

(1.) Heard learned counsel for the parties present.

(2.) The brief facts of the case is that the petitioner is the elected Lyngdoh of the Mawtyllup of Myriaw Syiemship and was issued Sanad on 17th July 2015 by the Respondent No.3, confirming him as Lyngdoh of Mawtyllup Clan. The respondents No. 4 and 5 thereafter lodged a complaint before the Executive Member. i/c Elaka Administration and the matter was taken up by the respondent No. 2. After receiving the replies filed the petitioner to the respondents complaints, the Respondent No.2 vide order dated 21st July, 2017, which is impugned herein, directed the respondent No. 3 (Syiem Myriaw) to cancel the Sanad dated 17th July, 2015 and also to hold fresh elections for the post of Lyngdoh of the Mawtyllup Clan. Being aggrieved thereby the petitioner is before this Court.

(3.) Mr. L. Lyngdoh, learned counsel for the petitioner submits that the election was held as per due process and customs and that the Sanad issued by the respondent No. 3 is valid in all respects. Further, he submits that the impugned order was passed without hearing the parties, and the order also does not reflect on what ground or reason a direction for cancellation of Sanad and for fresh election was passed. As such, he prays that the impugned order being cryptic, non-speaking, passed without application of mind and in violation of the principles of Natural justice be set aside and quashed.