LAWS(MEGH)-2016-8-2

KHASI HILLS AUTONOMOUS DISTRICT COUNCIL & ANOTHER Vs. STATE OF MEGHALAYA AND ANOTHER

Decided On August 05, 2016
Khasi Hills Autonomous District Council And Another Appellant
V/S
State Of Meghalaya And Another Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition seeking directions to the respondents to forward the advice of the petitioner to the Governor of Meghalaya.

(2.) Succinctly stated, the facts of the case are that the petitioner No. 1 is the Executive Committee, Khasi Hills Autonomous District Council (hereinafter referred to as "District Council") which was constituted in the year 1952 under the provisions of the Sixth Schedule of the Constitution of India and Petitioner No. 2 is the Secretary of Petitioner No. 1.

(3.) The last election of the District Council was held in the year 2104 and thereafter, the Chairman of the Council was elected by the Members of the Council. The Chief Executive Member was elected on 15.05.2015 under the provision of Rule 20(1) read with Rule 19(1) of the aforesaid Rule. The names of 9(nine) elected Members were forwarded by Chief Executive Member the to the Governor of Meghalaya vide letter No. DC.V/Genl/21/99 -2015/366, dated 18.05.2015 requesting for appointment of 1(one) Member as Deputy Chief Executive Member and remaining 8(eight) Members as Executive Members. The Governor had appointed 9(nine) elected members as Executive Members on the adviced of the Chief Executive Member vide Notification dated 21.05.2015.