Meghalaya High Court
Shri Khwan L. Nongbri vs . Khasi Hills Autonomous on 29 January, 2025
Author: H. S. Thangkhiew
Bench: H. S. Thangkhiew
Serial No. 01
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP (C) No. 10 of 2025
Date of Order : 29.01.2025
Shri Khwan L. Nongbri Vs. Khasi Hills Autonomous
District Council & Ors.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. S. Wahlang, Adv. with
Mr. F.N. Ropmay, Adv.
For the Respondent(s) : Mr. V.G.K. Kynta, Sr. Adv. with
Ms. F. Lamare, Adv. (For R 1-3)
Mr. N. Syngkon, Adv. (For R 4)
Heard Mr. S. Wahlang, learned counsel for the petitioner.
Issue notice.
Mr. V.G.K. Kynta, learned Special counsel assisted by Ms.
F. Lamare, learned counsel is present and accepts notice on behalf of the
respondents Nos. 1, 2 & 3, and Mr. N. Syngkon, learned counsel through
caveat is present on behalf of the respondent No. 4.
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The grievance of the writ petitioner is that by the impugned
order dated 20.01.2025, he has been removed from the office of
Lyngdoh Raid Nongkseh, Sohiong Lyngdohship, without being heard
and the private respondent appointed in his place.
It is submitted by Mr. S. Wahlang, learned counsel for the
petitioner that proceedings had been instituted against him, which are
yet to culminate, but that the respondents Nos. 1, 2 & 3, however without
the same being concluded or affording an opportunity to the writ
petitioner to defend himself, have passed the impugned order. He
therefore, prays that in the interim, some protection be given and the
petitioner be allowed to continue in the post.
Mr. V.G.K. Kynta, learned Special counsel assisted by Ms.
F. Lamare, learned counsel for the respondents Nos. 1, 2 & 3, at the
outset has sought for some time to seek some clarifications with regard
to the removal of the writ petitioner from office. He submits that may
be there is some defect in the order itself, for which the respondent
authorities may be allowed to re-examine.
Mr. N. Syngkon, learned counsel appearing on behalf of the
respondent No. 4, has submitted that there are serious allegations and
proceedings against the writ petitioner, and enquiry into the same are
still continuing before the respondents Nos. 1, 2 & 3, and the impugned
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order is the result of the proceedings. He therefore submits that no
interference is called for at this stage.
Heard the learned counsel for the parties and examined the
materials as presented. It is seen in the impugned order itself which has
been passed in vernacular language that the petitioner has been
summarily removed from the office of the Lyngdoh Raid Nongkseh, and
the respondent No. 4 appointed as Acting Lyngdoh in his place. No
reason has been ascribed or any reference has been made to the pending
proceedings, except a reference to a letter dated 09.01.2025 by one Shri
Beland Nongbri, expressing the lack of confidence in the writ petitioner.
In the face of the order itself, a prima facie case has been
made out for interference at this stage, in view of the fact that the order
is unreasoned and the petitioner was summarily removed from office,
without any semblance of due process. Accordingly, the impugned order
shall stand suspended, until the next date.
List this matter on 14.02.2025. In the meanwhile, the
respondents may file affidavit.
JUDGE
Meghalaya
29.01.2025
“V. Lyndem-PS”
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