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Judgment
Sanjib Banerjee, CJ
The challenge in the writ petition is to a decision by the Executive Committee of the Khasi Hills Autonomous District Council dated December 30, 2017 by which the Committee purported to recall a corrigendum pertaining to the Khasi Hills Autonomous District (Appointment and Succession of Syiem, Deputy Syiem, Electors and Rangbah Shnong of Mylliem Syiemship) Act, 2007 that was published in the Gazette of Meghalaya Extraordinary on July 13, 2017.
The case of the writ petitioners is that once the State has caused the corrigendum to be published, the Autonomous District Council, whether its executive wing or its legislative wing, does not have any authority to recall the same; though the Autonomous District Council may request the Governor to reconsider the matter or to recall the corrigendum.
It is, however, submitted on behalf of the private respondent who is the beneficiary of recalling of the corrigendum, that the corrigendum was recalled by the State of Meghalaya by a notification issued on February 9, 2018.
Since such subsequent event is not incorporated in the petition, leave is given to the writ petitioners to file a supplementary affidavit to deal with such aspect of the matter. It is, however, recorded that the writ petitioners submit that a corrigendum published in the official gazette could not have been annulled or removed by a mere notification that has not been published in the official gazette. Per contra, the District Council indicates that the corrigendum has been recalled by a publication made in the official gazette of February 13, 2018.
The supplementary affidavit be filed within a fortnight from date. The matter will appear three weeks hence.
List on July 21, 2022.