High Court restrained JHADC Chairman from presiding over winter session

Syllad | The Rising MeghalayaNovember 27, 2019

SHILLONG:  In a major upset to the NPP led Executive Committee in JHADC, the High Court of Meghalaya today passed an order restraining JHADC chairman Finelyness Bareh from functioning as the chairman in the winter session beginning tomorrow.

This order was passed by High Court Judge Justice W. Diengdoh in connection with the MC (WPC) no. 258 of 2019 filed by Congress MDC from Jowai Central A.A. Shullai versus State of Meghalaya.

According to the order, the Court was informed that in the same Session on the same day i.e. 09.09.2019 at 1:30 PM the Deputy Chairman conducted the election of the Chairman and Bareh was declared elected unopposed to the post of Chairman, District Council, JHADC. A Notification to this effect dated 9th September, 2019 being No. JHADC/LEG/12/2019/11 was issued by the Secretary, District Council, JHADC, Jowai.

Shullai being highly aggrieved and dissatisfied with the decision of the Deputy Chairman had accordingly approached this Court by way of an application under Article 226 of the Constitution of India for issuance of a writ in the nature of Mandamus and/or Certiorari and/or any other writ, orders or directions.

Further, vide Notification No. JHADC/Leg/13/2019/2 dated Jowai, the 28th October, 2019, the Chairman of the District Council, JHADC have convened the Winter Session of the House fixed on 28.11.2019 at 11:00 AM.

Shullai herein has preferred a Misc. Application with a prayer for stay of the said Notification dated 28.10.2019 contending that the matter is sub-judice before this Court, for which necessary orders for stay of the impugned Notification dated 28.10.2019 is required.

Justice Diengdoh said that he has heard learned counsels for the parties and on perusal of the writ petition as well as the contents of the Misc. Application, this Court is of the considered opinion that for the ends of justice, the following directions are required to be issued in the interim.

The Court ordered that the winter session shall be presided over by the Deputy Chairman and the Chairman is allowed to function as a Member of the Council with both voting rights and other privileges, except to the fact that he is restraint from functioning as the Chairman as stated above, till the disposal of the writ petition civil.

“The Registry is directed to send a copy of this order to the Secretary, District Council, JHADC, Jowai in course of the day to allow the Secretary to take necessary steps in this regard,” the Court order and disposed the Misc. Application.