STOLLY SNAITANG Vs. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL

JUDGEMENT

(1.) I have heard Mr. G.S. Massar, learned senior counsel, appearing on behalf of the Petitioner, and Mr. V.G.K. Kynta, learned Counsel for the Respondent Nos. 1 to 3.1 have also heard Mr. K. Khan, learned Counsel for Respondent No. 4.

(2.) The Petitioner's case is, in brief, thus: Following resignation of one Mr. U. Krinson Shylla from the post of Myntri of Mawpait Tlongpleng village, the Petitioner came to be elected, in place of said U. Krinson Shylla, by the village Durbar of Tlongpleng, as Myntri. Pursuant to his election, a Sanad, (i.e., the appointment order) was issued to the Petitioner by the Syiem of Maharam on 9.4.2009, the Syiem of Maharam having exercised the power of appointment, according to the Petitioner, under Section 8(3) of the Khasi Hills Autonomous District (Nomination and Election of the Syiem, Deputy Syiem and Electors of Hima Maharam) Act, 2006. While the Petitioner had been functioning as a Myntri on the basis of his appointment, as indicated hereinbefore, he received a letter, dated 5.4.2010, issued by Respondent No. 2, namely, the Secretary, Executive Committee, Khasi Hills Autonomous District Council, Shillong ('the said Council'), whereby the Petitioner's appointment as Myntri was stayed and Respondent No. 5, namely, Syiem of Maharam, was requested to give his comment on the letter, dated 2.9.2009, received by the Respondent No. 2 from the Respondent No. 4, namely, Deputy Syiem, Bhowal Syiemship. It was further contended in the letter, dated 5.4.2010, that the appointment of the Petitioner, as Myntri of Tlongpleng village, had been stayed in exercise of the power conferred upon the Executive Committee of the said Council under Section 9(3) of the United Khasi Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headman) Act, 1959.

(3.) Aggrieved by the letter, dated 5.4.2010, aforementioned, the Petitioner has filed this writ petition, under Article 226 of the Constitution of India, seeking issuance of appropriate order(s).