B.E. MYLLIEM UMLONG AND ORS. Vs. KHASI HILLS AUTONOMOUS DISTRICT AND ORS.

JUDGEMENT

(1.) HEARD Mr. N.D. Chullai, learned senior counsel assisted by Mr. B. Khyriem, learned counsel for the petitioners, Ms. P.S. Nongbri, learned counsel for the respondents No. 1 -3, Mr. P.N. Nongbri, learned counsel for the respondent No. 4, Mr. J.M. Thangkhiew, learned counsel for the respondents No. 5 -21, 23 -46, 48 -64 and Mr. H. Kharmih, learned counsel for the respondents No. 22, 47 and 67.

(2.) THIS is the second round of litigation regarding the election to the office of Headman of Lawmei Pdengshnong village, Mylliem Syiemship. In the earlier writ petition filed by the present respondent No. 5 i.e. WP(C) No. 183/2013, this Court had passed the order dated 13.12.2014 directing the respondent No. 4 Syiem of Mylliem that while conducting the election, all eligible voters who are the permanent members of the respective village should be allowed to take part in the Durbar as well as in the election. The said order of this Court dated 13.02.2014 passed in WP(C) No. 183/2013 reads as follows: -

(3.) IT is the submission of the learned senior counsel that in pursuance of the said letter of the Deputy Secretary to the Executive Committee, KHADC, Shillong dated 08.08.2013, the Special Officer, KHADC, Shillong has to re -examine the matter as to the entry of names of 59 persons in the voter list. But till date, the Special Officer, KHADC, Shillong has not yet re -examined the matter. Ms. P.S. Nongbri, learned counsel for the respondents No. 1 -3 is also not denying that pursuant to the said letter of the Deputy Secretary to the Executive Committee, KHADC, Shillong dated 08.08.2013, the Special Officer, KHADC, Shillong has not yet re -examined the inclusion of names of 59 persons in the voter list. To the contra, Mr. J.M. Thangkhiew, learned counsel for the respondent No. 5 contended that the petitioner themselves had submitted the voter list which includes the name of the private respondent i.e. private respondent No. 5. This Court is not deciding this issue in the present writ petition. However, it is clear from the submissions of the learned counsel appearing for the parties that in compliance of the direction of the Deputy Secretary to the Executive Committee, KHADC, Shillong under his letter dated 08.08.2013, the Special Officer, KHADC, Shillong has not yet re -examined the inclusion of names of 59 persons in the voter list and submit a report.