MORDING DORPHANG Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
STATE OF MEGHALAYA
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(1.) The subject-matter of challenge in the instant writ proceeding are essentially two orders; (i) an order dated 17.08.2020 passed by the Under Secretary to the Executive Committee, Khasi Hills Autonomous District Council, Shillong, addressed to The Syiem, Khyrim Syiemship and (ii) an order dated 02.09.2020 issued by the Syiem, Khyrim Syiemship, Smit, addressed to the private respondent No.6. For convenience, the two orders are reproduced hereinbelow:-
'OFFICE OF THE EXECUTIVE COMMITTEE, KHASI HILLS AUTONOMOUS DISTRICT COUNCIL, SHILLONG No.DC.XXVII/Genl/116/2013-2020/5/132Dated Shillong, the 17th August, 2020
The Syiem, Khyrim Syiemship, Khyrim Syiemship.
Subject: Matter related to Sordar Raid Madan Kyrdem, Khyrim Syiemship. Syiem,
With reference to the subject cited above, I have been directed to inform you that the Executive Committee, Khasi Hills Autonomous District Council, Shillong, through the Executive Member I/c Elaka Admn. etc, has directed you to suspend Shri. Mording Dorphang as the Sordar, Raid Madan Kyrdem and to appoint Shri. Pholning Makdoh as the Acting Sordar to temporarily look after the administration of Raid Madan Kyrdem till issuance of new order.
At the same time, you are directed to conduct enquiry upon Shri. Mording Dorphang, suspended Sordar of Raid Madan Kyrdem, Khyrim Syiemship.
Under Secretary to the Executive Committee, Khasi Hills Autonomous District Council, Shillong.
OFFICE OF THE SYIEM OF KHYRIM SYIEMSHIP :: SMIT :: No.KS.-22//R.Kyrdem/2019-20/96-102Dated Smit, 2nd September, 2020
Shri. Pholning Makdoh, Acting Sordar Raid Madan Kyrdem.
I am pleased to inform you that this Dorbar, after suspended Shri. Mording Dohphang as the Sordar of Raid Madan Kyrdem, as per the direction of the Executive Committee of Khasi Hills Autonomous District Council, Shillong, has resolved that the Deputy Syiem and the Lyngdoh Nongkrem will come and hand over charge as the Acting Sordar Raid Madan Kyrdem on the 7th September 2020 at 9AM at the Dorbar Hall Raid Madan Kyrdem.
You are requested to arrange the needful. Thanking you, Yours faithfully,
Sd/- Syiem, Khyrim Syiemship, Smit"
(2.) The writ petitioner has been suspended pending enquiry. The writ petitioner has raised several issues in the instant writ petition which includes challenging the vires of the second proviso under section 9 of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959.
(3.) In the facts and circumstances of the case, however, we may not be required to embark into a detailed enquiry into the matter sitting in judicial review for the simple reason that the issues sought to be raised before us in the instant writ petition are no more res integra, being fairly and squarely covered by the judgment of the Hon'ble Supreme Court in Civil Appeal No.4882/2002 (arising out of SLP (C) No.379/2002) - Khasi Hills Autonomous Dist. Council v. Charlestone Sohtun and ors. This judgment of the Hon'ble Supreme Court was rendered on 09.08.2002.;
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