2026 Supreme(Online)(Megh) 18
HIGH COURT OF MEGHALAYA
THE COMMITTEE ON PUBLIC UNDERTAKINGS IN THE MEGHALAYA LEGISLATIVE ASSEMBLY – Appellant
Versus
BADALIN KHARBITHAI AND 11 ORS. – Respondent
MC(WPC) 198 / 2025
Serial No.09 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MC[WP(C). No. 198 of 2025 in WP(C). No. 197 of 2025 Date of Order: 19.02.2026 The Committee on Public Undertakings in The Meghalaya Legislative Assembly Represented by The Commissioner & Secretary, Meghalaya Legislative Assembly, MG Road, Shillong – 793001, East Khasi Hills, Meghalaya.
…Applicant -Vrs-
1. Smti. Badalin Kharbithai Wife of (L) P.Wankhar, Resident of Nongthymmai, Shillong, East Khasi Hills, Meghalaya.
2. Shri. Ajith Koch, Wife of Shri Joslish Koch, Resident of Borkona, South West Garo Hills, Meghalaya.
…Opposite Parties/Respondents -AND-
3. State of Meghalaya, Represented by The Commissioner and Secretary, Department of Commerce and Industries, Government of Meghalaya, Shillong.
4. The Director, Department of Commerce and Industries, Government of Meghalaya, Shillong.
5. The Chairman, Meghalaya Industrial Development Corporation Limited, Government of Meghalaya Undertaking, Upland Road, Laitumkhrah, Shillong-793003, East Khasi Hills, Meghalaya.
6. The Managing Director, Meghalaya Industrial Development Corporation Limited, Government of Meghalaya Undertaking, Upland Road, Laitumkhrah, Shillong-793003, East Khasi Hills, Meghalaya.
7. The Deputy General Manager, Loan, Recovery and Accounts, Meghalaya Industrial Development Corporation Limited, Government of Meghalaya Undertaking, Upland Road, Laitumkhrah, Shillong-793003, East Khasi Hills, Meghalaya.
8. The Assistant General Manager, Engineering, Finance and Accounts, Meghalaya Industrial Development Corporation Limited, Government of Meghalaya Undertaking, Upland Road, Laitumkhrah, Shillong-793003, East Khasi Hills, Meghalaya.
9. The Manager Accounts, Meghalaya Industrial Development Corporation Limited, Government of Meghalaya Undertaking, Upland Road, Laitumkhrah, Shillong-793003, East Khasi Hills, Meghalaya.
10. The Principal Accountant General (Audit), Office of the Principal Accountant General (Audit), MG Road, Shillong-793001, East Khasi Hills, Meghalaya.
11. The Deputy Accountant General, AMG-I Administration and AMG-II, Office of the Principal Accountant General (Audit), MG Road, Shillong-793001, East Khasi Hills, Meghalaya.
12. The Audit Officer, Office of the Principal Accountant General (Audit), MG Road, Shillong-793001, East Khasi Hills, Meghalaya.
...Proforma Respondents.
Coram:
Hon’ble Mr. Justice H.S.Thangkhiew, Judge Appearance:
For the Petitioner/Applicant(s) : Mr. N.D.Chullai, Sr. Adv. with Ms. R.Colney, Adv.
For the Respondent(s) : Ms. B.Kharwanlang, Adv. with Mr. S.Thapa, Adv. for R 1& 2.
Mr. N.Syngkon, GA for R 3 & 4.
Mr.K.P.Bhattacharjee, Adv. for R 5-9.
Mr. K.Kharmawphlang,Adv. for R 10-12.
i) Whether approved for reporting in Yes/No Law journals etc:
ii) Whether approved for publication Yes/No in press:
JUDGMENT AND ORDER (ORAL)
1. This is an application for striking off the respondent No. 12 i.e. the Committee on Public Undertakings in the Meghalaya Legislative Assembly, who has been arrayed as party in the main writ petition being WP(C). No.
196 of 2025 as respondent No.12.
2. The grounds as set out and advanced by Mr. N.D.Chullai, learned Sr. counsel assisted by Ms. R.Colney, learned counsel on behalf of the applicant is that by virtue of Chapter XXV Assembly Committees of the Rules of Procedure and Conduct of Business in Meghalaya Legislative Assembly containing Rule 193-194, the members are appointed by the Legislative Assembly on a motion made, or nominated by the Speaker as the case may be, and the said Committee which has been arrayed as party was accordingly, by virtue of the Rules constituted to examine the report as stipulated under the Rules. For the sake of convenience, the relevant Rules i.e. 193, 194, 242-A, whereby the controls and functions of the Committee are laid down, are reproduced hereinbelow:
“193. In this Chapter, unless the context otherwise requires, “Committee” means and includes “Assembly Committee” as defined in Sub-rule (1) of rule 2.
194. (1) The members of a Committee shall