HC stays chairman election in KHADC

Syllad | The Rising MeghalayaMarch 16, 2020

The Meghalaya High Court has stayed the orders for holding of election to the Chairman’s post in the Khasi Hills Autonomous District Council (KHADC).

The order was passed by the bench headed by Justice Ranjit Vasantrao More while hearing a petition filed by the incumbent KHADC chairman Pynshngain N Syiem here on Monday.

Syiem has challenged the notifications issued by the District Council Affairs (DCA) department of the state government and the Secretary to the District Council respectively for holding the election to the post on March 17.

“Till returnable date, the effect of operation and/or execution of the impugned notification No. DCA.13/2019/117 and impugned notification No. DC/L/VI/1/2019-20/168/305 both dated 13-03-2020 shall remain stayed,” Justice More said in his order.

The order also said that petitioner is duly elected and holding the post of Chairman of Khasi Hills Autonomous District Council and that there is no vacancy.

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The effect of the first impugned notification would be removal of the petition from the post of the Chairman.

During the hearing, Senior GA, S Sen, wants to take instruction from the concerned authority and shall file affidavit-in-reply, if necessary. In view of this, Justice More has decided to defer the hearing on the petition till March 19.

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Hailing the order of the Court, Syiem told reporters that the decision of the governor to summon the meeting of the KHADC for holding of election to the Chairman’s post was not as per rules.

“This is because there is no vacancy as I am elected and yet to be removed as per rule,” he said while adding that the order of the court only shows that no one is above the law.