SHILLONG, JAN 4: In a setback to the Meghalaya government, the Meghalaya High Court on Monday decided to close the right of the state to file affidavit on the provisions of the Meghalaya Lokayukta Act, 2014, after the chief secretary failed to file comprehensive affidavit on the issue.
In its order issued on Monday, Meghalaya high court division bench headed by Chief Justice Uma Nath Singh said, “We have asked the chief secretary only to file a comprehensive affidavit which he has not done. Thus, we close the right of state to file affidavit.”
The bench said that despite a detailed order passed by the court on December 17, 2015, the chief secretary PBO Warjri has not filed affidavit.
Earlier, the high court had directed the state government to file affidavit on the provisions of section 3 of the Meghalaya Lokayukta Act, 2014, which allows non-judicial members to be appointed as the chairperson of the Lokayukta.
During the hearing, when the Advocate General Dr BP Todi informed the court that the state has decided to file Special Leave Petition in the Supreme Court, the division bench remarked – “It has become a regular practice of the state government to make such statements.”
Moreover stating that like any other litigant, the state certainly has a right to file Special Leave Petitions, the bench, however, said, “But till there is an order of stay, the proceedings pending before this court cannot be stalled merely on such statements.”
However, at this stage the Advocate General stated that the chief secretary has already filed one affidavit but perhaps he has failed to notice that not being satisfied with the said affidavit filed by the chief secretary on December 14, 2015, the court had passed the last order on December 17, 2015, it stated.
The next hearing on the issue has been fixed for January 7.-By Our Reporter
+ There are no comments
Add yours