HC pulls up KHADC over Dy Syiem’s disqualification

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By Our Reporter

SHILLONG, June 2: In a significant rebuke to the KHADC Executive Committee, the High Court of Meghalaya has observed that the Council cannot disqualify a Deputy Syiem from becoming the Acting Chief simply for being related to his predecessor—a condition that is, ironically, a core requirement under the law governing the Mylliem Syiemship.
Hearing a writ petition filed by Deputy Syiem Mansan Manik Syiem, a single bench of Justice HS Thangkhiew on Monday issued notice to the KHADC and other respondents, citing a “prima facie case” for judicial intervention.
The petition challenges the KHADC Executive Committee’s order dated May 22, 2026, which declared Mansan “not fit” to occupy the post of Acting Syiem following the suspension of the incumbent chief, Ainam Manik Syiem. The Council’s sole justification for the disqualification was that the petitioner is the younger brother of the suspended Syiem.
Counsel for the petitioner, Philemon Nongbri, argued that this order directly contradicts the Khasi Hills Autonomous District (Appointment and Succession of Syiem, Deputy Syiem, Electors and Rangbah Shnong of Mylliem Syiemship) Act, 2007.
He pointed out that Section 9 of the Act specifically requires the Syiem to nominate a Deputy Syiem from among his adult brothers or nephews.
Furthermore, Section 8(1) mandates that the Deputy Syiem should ordinarily be appointed as Acting Syiem when the office falls vacant due to suspension or death.
Justice Thangkhiew noted the legal irony, observing that the very ground used to disqualify the petitioner—his blood relation to the chief—is the primary qualification required under Section 9.
The court also questioned the procedural validity of the order, which was signed by only one Executive Member, allegedly violating Section 25 of the Act.
Senior counsel HL Shangreiso, appearing for the KHADC, maintained the decision was based on a collective resolution by the Executive Committee on May 21, and that the family connection was only one factor in their assessment of “fitness.”
The court, however, remarked that the petitioner had made an “overwhelming case” for interference at this stage. It directed the KHADC-appointed Acting Syiem to file an affidavit explaining the circumstances under which he assumed office.
The matter is listed for further hearing on June 3, with the court indicating an intent to dispose of the case on that date.

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