1993 Supreme(Gau) 210
D.N.BARUAH
L. Laborious Manik Syiem – Appellant
Versus
Presiding Officer, Election Tribunal and Additional Judge, Additional District Council Court, Khasi Hills, Shillong – Respondent
Advocates Appeared:
M.Z.Ahmed, N.M.Lahiri, H.S.Thangkhiew, B.M.Mahanta, A.D.Massar, S.C.Das
In this application under Article 226 of the Constitution the petitioner has prayed for issuance of appropriate Writ or direction. The petitioner's case is that the Returning Officer appointed by the Executive Committee of the District Council of Khasi Hills issued a notice dated 20.7-90 directing the electorates to assemble and nominate Syiem (Chief) of Mylliem. In pursuance of the said notice, 43 persons assembled. Thereafter, voting by counting of heads took place and the Presiding Officer submitted a report dated 4.8.90 to the Returning Officer and the Returning Officer declared the petitioner elected on the date of election itself. One WR Nongneng informed the Presiding Officer that he was not allowed to cast his vote on the ground that he arrived little late. The second respondent filed an election petition before the Tribunal constituted by the Executive Committee. The election petition, is still pending. In the said election petition, the petitioner raised preliminary objection regarding maintainability of the election petition by the second respondent. However, the Tribunal rejected the prayer holding that the petitioner has got locus-standi to file this election petition
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