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Judgment
Heard Ms. P. Agarwal, learned counsel for the petitioner as well as Mr. K. Paul, learned counsel for the respondent No. 4 and Mr. H.
Kharmih, learned State counsel.
The brief fact of the petitioner''s case in a nutshell is that:
The petitioner is the Secretary of the VEC of Haripur Village, West Garo Hills District, Meghalaya. The petitioner was elected as the Secretary in
the Gram Sabha Meeting of Haripur Village held on 12-07-2014 and the election of the petitioner as the Secretary was approved by the
respondent No. 3 vide order dated 17-07-2014. The Government of Meghalaya, Community & Rural Development Department vide notification
dated 23-03-2010 amended the rules published in the Gazette of Meghalaya, Extra Ordinary vide number CDD. 122/2006 dated 28-07-2006
wherein in para (iv) of the notification it is clearly mentioned that the term of the AEC and VEC members will be three years. The respondent No.
3, overlooking the statutory rules and in gross violation of the principle of natural justice before the expiry of the term has passed the impugned
orders dated 22-08-2016 and 20-09-2016 dissolving the VEC of the petitioner and further directed for conducting fresh election of the VEC
members to be held on 03-10-2016. The petitioner being aggrieved by the impugned orders dated 22-08-2016 and 20-09-2016 for dissolution
of his VEC before the expiry of the term of three years has approached this Hon''ble Court by way of filing the instant writ petition.
All the learned counsels present before this Court submits that this matter may be disposed of with a direction to hold a fresh election.
Accordingly, the concerned department of the Government of Meghalaya is directed to hold a fresh election within a month from the date of
receipt of this judgment and order.
With this observation and direction the instant writ petition is allowed to that extent and stands disposed of.