By Our Reporter
SHILLONG, Dec 8: The High Court of Meghalaya on Monday ordered the postponement of the Meghalaya Cricket Association’s (MCA) election for new office bearers to December 19, following a writ petition filed by the Shillong Cricket Association (SCA). The election was earlier scheduled to take place on Tuesday.
Justice Hamarsan Sing Thangkhiew, while hearing the petition, issued an interim order stating that the postponement was necessary “in order not to derail the electoral process” and to ensure that the election is conducted fairly. The court clarified that the stay is limited and will apply only if the writ petition is unsuccessful.
Although courts are generally reluctant to intervene once an election process has been initiated, Justice Thangkhiew said the case presented “peculiar circumstances” that required temporary judicial intervention.
The court directed the respondents to file a composite affidavit before December 15 and instructed that all other respondents be served notices within two days.
In the writ petition, the SCA sought the appointment of an impartial electoral officer and demanded that the election be conducted strictly in accordance with BCCI regulations and MCA rules. It also prayed for the suspension of the ongoing election process, alleging procedural irregularities.
Senior advocate N. Mozika, representing the petitioner, argued that the challenge was based on three key issues. He said Rule 36 requires that the electoral officer must be a former Central or State Election Commissioner.
He also said that the petitioner contended that the appointed officer did not meet this criterion. “Objections to the draft electoral roll were allowed only for a single day, leaving insufficient time for scrutiny. The draft roll published on November 26 did not include names of nominated representatives from affiliated units, denying members a fair chance to raise objections,” he said
Mozika further pointed out discrepancies in the election schedule, highlighting that the final voters’ list was released only on December 3, two days after the nomination deadline of December 1 and a day after the withdrawal deadline of December 2.
Senior advocate S. Dutta, appearing for respondents MCA and others, opposed any interim stay, arguing that it was “too late” to halt the process, with polling scheduled for the next day.
He maintained that the petitioner had ample time to raise objections, especially since the election schedule had been published on November 19.
He also argued that even if irregularities were found later, the election results could be reversed and fresh polls ordered.
Dutta noted that the petitioner had filed and then withdrawn his own nomination for the post of Vice President, raising questions about the timing of the petition.
After examining the submissions and the election schedule, the court observed, prima facie, discrepancies in the preparation of the draft electoral roll and the sequence of events. It noted that the final list of voters was published only after the nomination and withdrawal deadlines, which could affect the fairness of the process.
The court emphasised that the MCA is governed by rules framed in accordance with the Supreme Court’s 2018 judgment on cricket administration, and that adherence to these rules is essential for a fair election.
The matter will be taken up again on December 15.
