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2013 Supreme(Megh) 51

IN THE HIGH COURT OF MEGHALAYA
T. Meena Kumari, T. Nandakumar Singh, JJ.
Kingland Thongni - Appellant
Versus
Khasi Hills Autonomous District Council And Others - Respondent
W.A. No. 14 (SH) of 2012
Decided On : 24-05-2013

Advocates:
Advocate Appeared:
For the Appellant : B.M. Roy Dolloi and Mr. B.M. Roy Chyne
For the Respondent: B. Bhattacharjee

The main legal point established in the judgment is the requirement for necessary pleadings and materials in a writ petition to support the claims made by the petitioner.

Headnote:

Appointment - Myntri of Rangjadong Village - United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959, Khasi Hills Autonomous District (Nomination and Election of the Syiem, Deputy Syiem and Electors of Hima Maharam) Act, 2006 - The court discussed the provisions of the Acts related to the appointment and succession of chiefs and headmen and the nomination and election of the Syiem, Deputy Syiem, and Electors of Hima Maharam. The court emphasized the importance of pleading and proving facts in a writ petition and the need to produce the impugned order for ascertaining the reasons behind the authority's decision. The judgment highlighted the requirement for necessary pleadings and materials in a writ petition to support the claims made by the petitioner.

Fact of the Case:

The appellant was removed from the post of Myntri of Rangjadong Village, and the respondent No. 8 was appointed as the Myntri after a referendum. The appellant challenged the impugned orders but did not challenge the subsequent appointment of the respondent No. 8 in the writ petition.

Finding of the Court:

The court found that the writ petition lacked merit as it did not impugn the subsequent/follow-up orders appointing the respondent No. 8 as Myntri of Rangjadong village. The court emphasized the importance of pleading and proving facts in a writ petition and the need to produce the impugned order for ascertaining the reasons behind the authority's decision.

Issues: The issues revolved around the challenge to the impugned orders and the subsequent appointment of the respondent No. 8 as Myntri of Rangjadong village. The court highlighted the necessity of pleading and proving facts in a writ petition and the requirement for necessary materials to support the claims made by the petitioner.

Ratio Decidendi: The court emphasized the importance of pleading and proving facts in a writ petition and the need to produce the impugned order for ascertaining the reasons behind the authority's decision. It highlighted the requirement for necessary pleadings and materials in a writ petition to support the claims made by the petitioner.

Final Decision: The impugned judgment and order were set aside, and the writ petition was sent down to the learned Single Judge for deciding the writ petition afresh on merit.

JUDGMENT :

T. Nandakumar Singh, J.

1. This Intra-Court appeal is against the judgment and order of a Coordinate Bench (Single Bench) dated 24.04.2012 passed in WP (C) No. (SH)213/2011, wherein and where-under, the learned Single Judge had dismissed the writ petition i.e. WP (C) No. (SH)213/2011 for the sole reason that pursuant to the removal of the writ petitioner (present appellant) from the post of Myntri of Rangjadong Village by the impugned orders dated 15.12.2010 and 27.04.2011, the respondent No. 8 had been appointed as Acting Myntri of Rangjadong Village after holding a Referendum by the respondents No. 6 & 7; and in the absence of prayer in the writ petition for quashing the orders for appointing the respondent No. 8 as Myntri, the writ petition is not maintainable. The reasons for dismissing the writ petition mentioned in the impugned order dated 24.04.2012 reads as follows:-

    24.04.2012

...The basic prayer of the writ petitioner is for quashing and setting aside the impugned orders, abovementioned. It is noted from the records that pursuant to the above said impugned orders, a Notification dated 05.08.2011 was issued for holding the election to the post of Myntri and pursuant to the said Notification, by order dated 20.08.2011, the respondent No. 8 was duly elected for the post of Myntri of Rangjadong village.

In the present writ petition, the impugned orders dated 15.12.2010 and 27.04.2011 have been challenged. However, the follow up action which has been taken up by the respondent authorities in holding the election and appointing respondent No. 8 to the post of Myntri of Rangjadong village have not been challenged in this writ petition.

Therefore, even if the above impugned orders are quashed and set aside, the follow up orders pursuant to the said impugned orders, having not been challenged in this writ petition, will remain in operation and unless, the subsequent/follow up orders are challenged, this writ petition suffers from not impugning the subsequent orders passed/issued in pursuant to impugned orders dated 15.12.2010 and 27.04.2011.

In other words, the subsequent appointment of respondent No. 8 to the post of Myntri of Rangjadong village having not been also challenged in this writ petition, this writ petition also suffers for not impugning the election/appointment of respondent No. 8 to the post in question.

In this view of the matter, this writ petition hereby stands rejected being devoid of any merit.

In view of the facts stated above, the cases so relied upon by the parties in support of their arguments, have not been relied upon and taken into consideration by this Court, while writing this judgment and order.

2. Heard Mr. BM Roy Dolloi, learned counsel appearing for the appellant/writ petitioner and Mr. B Bhattacharjee, learned counsel appearing for the respondents.

3. Keeping in view of the limited scope of the present Intra-Court appeal, we have given our anxious consideration to the impugned judgment and order of the learned Single Judge dated 24.04.2012, if, there is an apparent error on the face of the record or the impugned judgment and order is against the established or the settled principle of law. For deciding this point, we may require to have a glance of the appellant/writ petitioner's case pleaded in the writ petition and also the relief sought for in the writ petition. Accordingly, we recapitulate only the brief facts san unnecessary details leading to the filing of the writ petition.

4. Rangjadong Village is one of the villages under the Maharam Syiemship and the administration of the village is run by the Myntri of the village and the Village Durbar consisting of 65 adult male members of the village. The appellant/writ petitioner was elected by the adult male members of the village as per the custom and tradition of the village to the post of Myntri of Rangjadong village, Maharam Syiemship u/s 7 of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headme

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