LATIPLANG KHARKONGOR Vs. SECRETARIAT OF THE GOVERNOR OF MEGHALAYA
HIGH COURT OF MEGHALAYA
Secretariat Of The Governor Of Meghalaya
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Mohammad Rafiq, CJ. -
(1.) This writ petition under Article 226 of the Constitution of India has been filed by Mr. Latiplang Kharkongor, who has been elected and appointed as Chief Executive Member of the Khasi Hills Autonomous District Council (for short, 'the KHADC'), praying for issuance of a writ of mandamus, directing the respondents to immediately issue appointment order of Mr. Mitchel Wankhar, Smt. Macdalyn Sawkmie Mawlong, Mr. Lamphrang Blah and Mr. Ronnie V. Lyngdoh, as the Executive Members of the KHADC and Smt. Grace Mary Kharpuri, as the Deputy Chief Executive Member of the KHADC, pursuant to his advice as the Chief Executive Member to the Governor of the State of Meghalaya vide letters dated 27.11.2019 and 29.11.2019 (Annexures 8 and 9).
(2.) The petitioner is the elected Member of the KHADC from 16th Nongthymmai District Council Constituency. He has been elected as such Member for four consecutive terms, firstly in the year 2004 and recently in the year 2019. Mr. Teinwell Dkhar was originally elected as the Chief Executive Member of the KHADC but a no-confidence motion against him was put to vote in a duly convened session of the KHADC on 20.11.2019. Since no-confidence motion was carried, he stood removed from that Office. In the fresh election that took place on 22.11.2019, the petitioner was elected as the new Chief Executive Member. Report of removal of the erstwhile Chief Executive Member, namely, Mr. Teinwell Dkhar and subsequent election of the petitioner by majority as the Chief Executive Member was sent to the Deputy Commissioner, East Khasi Hills District by the Secretary to the KHADC by two separate letters, both dated 22.11.2019, with the request to convey to the Governor of Meghalaya about election of the petitioner as the Chief Executive Member for the needful. The Deputy Commissioner, East Khasi Hills District, Shillong, wrote back to the Secretary of the KHADC vide letter dated 22.11.2019 (Annexure-3), asking for a comprehensive report along-with the proceedings of the election of the Chief Executive Member. In response thereto, the Secretary, vide letter dated 23.11.2019 (Annexure-4), sent a comprehensive report to her. Thereupon, the Deputy Commissioner vide letter dated 23.11.2019 (Annexure-5), forwarded the result of the election to the Secretary to the Governor of Meghalaya, Raj Bhawan, Shillong. The Deputy Secretary to the Governor of Meghalaya intimated to the Deputy Commissioner, East Khasi Hills District vide letter dated 25.11.2019 (Annexure-6) the approval of the Governor of the election of the petitioner as the new Chief Executive Member of the KHADC. A copy each of this communication was endorsed to the Joint Secretary, District Council Affairs Department, Government of Meghalaya, and the Secretary to KHADC for information and necessary action. The Secretary to KHADC then vide letter dated 25.11.2019 (Annexure-7) informed the Secretary to the Executive Committee of the KHADC regarding approval of the Governor of Meghalaya of the election of the petitioner as the new Chief Executive Member of the KHADC.
(3.) That the petitioner thereafter vide letter dated 27.11.2019 (Annexure-8) advised the Governor of the State to appoint (1) Mr. Mitchel Wankhar, (2) Smt. Macdalyn Sawkmie Mawlong, (3) Mr. Lamphrang Blah and (4) Mr. Ronnie V. Lyngdoh, as the Executive Members of the KHADC. He also subsequently vide letter dated 29.11.2019 (Annexure-9) advised the Governor to appoint Smt. Grace Mary Kharpuri as the Deputy Chief Executive Member in the Executive Committee of the KHADC. Copies of these two letters were also forwarded by the Secretary to the Executive Committee of the KHADC, to the Deputy Secretary to the Governor of the State of Meghalaya, respectively on 27.11.2019 (Annexure-10) and 29.11.2019 (Annexure-11). Since no action was taken on the recommendation made by the petitioner for quite sometime, the petitioner has approached this Court by means of the present writ petition seeking a writ of mandamus in the terms as prayed for.;
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