Durbar Shnong Urksew Wahpathaw Village and Anr v. Khasi Hills Autonomous District Council and Ors

JUDGMENT AND ORDER (ORAL)

¶1The petitioner who is stated to be the Headman of Village Urksew Wahpathaw, is before this Court with a prayer that directions be issued to permit only bonafide residents and local electors, whose names have been duly verified and on the official voting list prepared by the petitioner and accepted by the Sordar Raid Shabong and the District Council respondents

to be taken into consideration for participation and for the right to vote in the referendum which is scheduled to be conducted on 07-08-2026.

¶2Ms. A.Kharshiing, learned counsel for the petitioner submits that as the referendum may include other persons who do not figure in the voters list, their taking part in the referendum may result in the dislocation of the referendum process. She therefore prays that the voters list which has been prepared be accepted and adhered to by the designated officials of the respondents No. 1-3, in the conduct of the referendum.

¶3Mr. H.L.Shangreiso, learned Sr. counsel assisted by Ms. M.Hajong, learned counsel for the respondents No. 1 -3, and Mr. T.T.Diengdoh, learned Sr. counsel assisted by Mr. R.Kharsyad, learned counsel for the respondent No. 5, also concurs to the submissions of the learned counsel for the petitioner, and have fairly submitted that the voters list prepared by the Headman has since been accepted by the respondent No. 4 (Acting Sordar, Raid Shabong), and the same has also been confirmed by the respondents No. 1-3.

¶4Mr. T.T.Diengdoh, learned Sr. counsel for the respondent No. 5 has also produced a communication/letter dated 09-02-2026, though in the vernacular, which shows that the voters list prepared by the petitioner has been accepted by the respondent No. 4. The same is noted.

¶5On hearing the learned counsel for the parties and seeing that there is no dispute as to the manner on which the referendum is to be conducted i.e. on the basis of the voters list prepared by the Headman and accepted by the respondent No. 4 vide a letter dated 09-02-2026, and also endorsed by the respondents No 1 & 2, the respondent No. 3 who is to conduct the referendum is therefore directed to ensure that only the persons who are named in the voters list will have the right to vote.

¶6With the above noted directions, matter stand closed and disposed of.

¶7Copy of the communication/letter dated 09-02-2026, though in the vernacular, is taken on board and made part of the record.

Judge

Date: 2026.08.06 17:16:28 IST

Serial No.03 Supp. List HIGH COURT OF MEGHALAYA AT SHILLONG WP(C). No. 361 of 2026 Date of Decision: 06.08.2026 1. Durbar Shnong Urksew Wahpathaw Village, East Khasi Hills District, Meghalaya Represented by its Headman. 2. Shri. Archalson Lyngdoh, Headman of Village Urksew Wahpathaw, S/o R.Pariat, Aged about 46 years R/o Urksew Wahpathaw, East Khasi Hills District, Meghalaya. …Petitioners -Versus- 1. Khasi Hills Autonomous District Council, Shillong, represented by the Secretary to the Executive Committee. 2. Deputy Chief Executive Member, I/c Elaka Administration, etc., Council, Shillong. Khasi Hills Autonomous District. 3. Shri. Wanpynsuk Lyngdoh, Inspector Mines & Mineral, Khasi Hills Autonomous District Council, Shillong. 4. Acting Sordar, Raid Shabong, East Khasi Hills District Meghalaya, Represented by Shri Biggestson Lyngdoh. …Respondents 5. Shri. Bishal Tham, S/o T.Khongsni R/o Urksew Wahpathaw, East Khasi Hills District, Meghalaya. Proforma Respondent Coram: Hon'ble Mr. Justice H.S.Thangkhiew, Judge Appearance: For the Petitioner/Applicant(s) : Ms. A.Kharshiing, Adv. Mr. S.K.Roy, ADV. For the Respondent(s) : Mr. H.L.Shangreiso, Sr. Adv. with Ms. M.Hajong, Adv. for R 1-3. Mr. T.T.Diengdoh, Sr. Adv. with Mr. R.Kharsyad, Adv. for R 5. i) Whether approved for reporting in Law journals etc: ii) Whether approved for publication in press: