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Judgment
H.S. Thangkhiew, J
Heard Mr. T.Dkhar, learned counsel for the petitioner.
Issue notice.
Mr. T.T.Diengdoh, learned Sr. counsel assisted by Mr. R.Kharsyad, is present and accepts notice on behalf of the respondents No. 1 & 2.
Notice to issue to the remaining respondents by registered AD within 3(three) days.
The grievance of the writ petitioners is that the respondents No. 3 & 5 who are stated to be the Headman and Secretary of Urksew-Wahpathaw Village under Raid Shabong Khyrim Syiemship, have totally misdirected themselves in the implementation of an order dated 26-02-2025 passed by this Court in WP(C). No. 422 of 2024.
Mr.T.Dkhar, learned counsel for the petitioner submits that as per the directions of this Court, the Headman was to convene a village dorbar of Urksew-Wahpathaw village within a period of 2(two) months from the date of the order by allowing all the bonafide respondents to participate in the same. What has happened however he submits, is that the respondent No. 3 has generated his own list of the residents who are to attend the dorbar which is annexed at Annexure- 11 to the writ petition, and that the writ petitioner who is a bonafide resident has not been included in the said list. He further submits that if any list is to be prepared, the same should have followed the official District Council electoral roll of the voters for the said village. He therefore, submits that the action of the respondent No. 3 being absolutely illegal and in contravention of the orders of this Court, the proposed dorbar be stayed for the time being.
Mr. T.T.Deingdoh, learned Sr. counsel assisted by Mr. R.Kharsyad, learned counsel for the respondents No. 1& 2, has fairly submitted that it appears that the respondent No. 3 has generated his own list and as such, further instructions are required as to the course of action the respondent No.2 will take in this regard.
Upon hearing the learned counsel for the parties and on examination of the materials as placed, it is seen that a prima facie case has been made out for issuance of interim orders, inasmuch as, it appears that the orders of this Court has been misinterpreted by the respondent No. 3.
Accordingly, till the next date, the notice dated 17-04-2025 shall not be given effect to and no village dorbar to hold elections for the village dorbar shall be held.
List this matter on 16-05-2025.