U. LAMBARD MANICK Vs. C. KHARSHING AND ORS.

JUDGEMENT

(1.) This writ petition is directed against an order dated 8.8.1979 passed by the Election Tribunal constituted by the Khasi Hills Autonomous District Council. The Tribunal has, by the impugned judgment, set aside the election of the petitioner as Syiem of Nongkhlaw.

(2.) The facts which may be noted for the disposal of this petition are these. A vacancy occurred in the post of Syiem of Nongkhlaw Syiemship due to the death of previous Syiem U Kedro Manick. The Deputy Secretary in-charge of the Rural Administration of the District Council sent Parwana dated 31. 3 1970 addressed to 3 Myntries of Nongkhlaw Syiemship to nominate a person to be the Syiem of Nongkhlaw Elaka. These three Myntries unanimously recommended the name of the petitioner for the aforesaid post. An objection was raised regarding this communication on the ground that the Electoral College consisted of 5 Myntries whereas the nomination had been sent by three Myntries only. The Executive Committee ruled out the objection. The decision of the Executive Committee was approved by the District Council. The present election petition was thereafter filed before the aforesaid Election Tribunal which has set aside the election only on the ground that five members of the Electoral College which consists of 5 Myntries had, at the relevant time, only 3 Myntries. This decision of the Election Tribunal has been challenged in this writ petition.

(3.) There is no dispute at the Bar that the Electoral College in question consisted of 5 Myntries. It is equally not disputed that the Electoral College at the relevant time consisted of 3 Myntries who unanimously nominated the petitioner for the post of Syiem of Nongkhlaw Elaka. The short point which, therefore, needs decision of this Court is whether the vacancy of two posts in the Electoral College had rendered the nomination of the petitioner void or in any way invalid.