S SWETT Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. A. M. Mazumdar, learned senior counsel for the petitioner alongwith Ms. F. Z. M. Nongbri. Also heard Mr. H. S. Thangkhiew, learned counsel for respondent Nos. 6 and 7 and Mr. V. G. K. Kynta, learned counsel for the respondent No. 3.

(2.) THE present writ petition under Article 226 of the Constitution of India has been filed for issuance of Writ of Certiorari questioning the validity of the order dated 22. 08. 2006 (Annexure-9) with prayer to set aside the same passed by the Syiem of Hima Mylliem, whereby, the petitioner was declined 'sanad' after having been allegedly declared re-elected as Headman of Bishnupur, Kenchs' Trace, thereby the petitioner's functioning has been ceased as Rangbah Shnong, and, another order dated 22. 08. 2006 (Annexure-10) has also been challenged, whereby, certain persons have been appointed by the Acting Syiem to manage the affairs of the locality and to convene the election of Headman.

(3.) AS argued for and on behalf of the petitioner, he is legally elected Rangbah Shnong (Headman) of Bishnupur, Kenchs' Trace, Shillong, who had a received letters dated 18. 11. 2003 and 25. 11. 2005 from the Acting Syiem to convene Durbar failing which he was directed to authorize three persons to convene the village Durbar. Being aggrieved with the above two letters, the petitioner preferred Writ Petition No. 423 of 2005 (Dorbar Shnong, Bishnupur, Kenchs' Trace and Anr. Vs. Acting Syiem and Ors.) which was adjudicated by this Court which this Court was also impressed upon by the respondents that serious complaints were persisting against the petitioner as he had not been convening Durbar for about seven years and had not been acting in the welfare of public and for development of the area. In these circumstances, this Court while disposing of the said writ petition was pleased to give directions as below:-