High CourtsDivision Bench(2022) 04 MEG CK 0007

Khun Kur Longtrai Lai Kynthei Represented By Its General Secretary & Anr vs Khasi Hills Autonomous District Council Represented By Its Secretary & Ors

Meghalaya High Court · Decided on 6 April 2022

HON’BLE JUDGES
Sanjib Banerjee, CJ · H. S. Thangkhiew, J
CASE NUMBER
Writ Petition (C) No. 387 Of 2019

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Judgment

5 paragraphs · 189 words

The challenge here is to the certain provisions of the Khasi Hills Autonomous District Council (Administration and Election of Sordars of Saw Raid, Khyrim Syiemship) Act, 1997 to the extent that the impugned provisions are at variance with the traditional and customary practices of the local tribes.

It is fairly submitted on behalf of the Khasi Hills Autonomous District Council that a comprehensive new Act was enacted in 2018 and forwarded to the Governor for his assent, but the same has been returned upon minor queries being raised. It is further submitted on behalf of the District Council that there may be some anomalies in the 1997 Act that may require to be taken care of.

According to the District Council, it is more than likely that with the assent of the Governor being obtained to the proposed Act of 2018, the petitioners’ concerns may have been addressed; or else, an amendment may have to be introduced to the 1997 Act to remove the perceived anomalies.

For such purpose, let the matter stand over for four weeks for the District Council to report thereafter.

List on May 5, 2022.