SHILLONG, AUG 19: The Meghalaya High Court on Friday fined the state government and KHADC for having to adjourn a hearing related to a PIL filed against alleged delay in holding of the bye-elections to the six seats to the KHADC.
In its order issued on Friday, the High Court said, “Though at the request of the Senior GA appearing for the respondents No 1 to 3 and counsel appearing for the respondents No 5 and 6 we grant another opportunity to them to complete their instructions but only after imposing costs in the sum of Rs.5000 on the respondents No 1 to 3 as also another Rs.5000 on the respondents No 5 and 6 for today’s adjournment.”
The amount of costs imposed against the state government and KHADC shall be deposited in the account of the Meghalaya State Legal Services Authority.
“It is made clear that if all the instructions of the counsel are not found complete on the next date (August 29), the officers concerned may be summoned to appear in person at their costs and consequences,” the court stated in the order.
The order also added, “The amount of costs today imposed may be recovered by the Government as also by the KHADC from the respective officers, for whose faults and defaults the instructions of the respective counsel are not complete today.”
It also observed – “It could hardly be appreciated that the concerned officers of the Government and the District Council would choose not to extend the instructions to the respective counsel in relation to the matters pending in this Court; and it is entirely an unacceptable state of affairs that the matters be adjourned repeatedly, only for the purpose of counsel completing their instructions from the concerned departments/offices.”
Earlier in its order issued on July 27, the High Court has granted time to counsels appearing for the respondents – state government and KHADC to complete all their instructions and in the meantime, the notices were ordered to be issued to the respondent No.4 (Chief Electoral Officer) returnable in three weeks.
It may be mentioned, in his PIL filed against the state government, Cherubin Thongni stated that 6 of the constituencies to Khasi Hills Autonomous District Council (KHADC) are unrepresented for last 10 months due to resignations tendered by the members earlier elected therefrom and that the government has not taken requisite steps for holding of fresh elections for such constituencies.
He also stated that such 6 unrepresented constituencies are being deprived of developmental schemes and projects after the resignations of the elected members causing prejudice to the electorates/citizens apart from violation of their democratic right of representation in KHADC.-By Our Reporter
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