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Judgment
B. Bhattacharjee, J
Heard Mr. K. Paul, learned Sr. counsel for the petitioner. Issue notice returnable in three weeks.
Mr. V.G.K. Kynta, learned Sr. counsel appears for the respondents No. 1,2,3,5 and 6 and as such, no formal notice is called for in respect of the said respondents. The petitioner shall take steps for service of notice upon the respondents No. 4 and 7 within two days.
The primary grievance raised in the writ petition is with regard to the authority of the Executive Committee of the District Council to deal with the complaint against the petitioner without the same being first brought to the knowledge of the Durbar Hima. The petitioner contends that some complaint have been filed against him without placing the same before the Durbar Hima of Maharam Syiemship. It is the contention of the petitioner that as per requirement of Section 5 of the Khasi Hills Autonomous District (Nomination and Election of the Syiem, Deputy Syiem and Electors of Hima Maharam) Act, 2006, any complaint against the Syiem should first be brought before the knowledge of the Durbar Hima. The learned Sr. counsel submits that the petitioner has raised the same plea before the Executive Committee, Khasi Hills Autonomous District Council in his response dated 19.12.2023 filed before the respondent No.6.
In view of the submissions, it is provided that in the event the respondent/ District Council proceeds to decide the complaint filed against the petitioner before the returnable date of this matter, it shall first decide the objection raised by the petitioner in view of Section 5 of the Act of 2006.
List this matter after 3(three) weeks.