Meghalaya High Court
Shri Karbius Lyngdoh & Ors. vs . The Chairperson, Meghalaya on 23 July, 2025
Author: H. S. Thangkhiew
Bench: H. S. Thangkhiew
Serial No. 02
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 298 of 2025
Date of Order: 23.07.2025
Shri Karbius Lyngdoh & Ors. Vs. The Chairperson, Meghalaya
Lokayukta, Shillong & Ors.
Coram:
Hon'ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Petitioner(s) : Mr. S. Deb, Adv.
For the Respondent(s) : Mr. N. Syngkon, GA with
Mr. J.N. Rynjah, GA (For R 11,12 & 13)
Heard Mr. S. Deb, learned counsel for the petitioners.
Issue notice, returnable within 2(two) weeks.
Steps to be taken in the course of 2(two) days.
Mr. N. Syngkon, learned GA is present on behalf of the
respondents Nos. 11, 12 & 13, so no further notice is required in respect
of these respondents.
Mr. S. Deb, learned counsel for the petitioners has submitted the
challenge in the present writ petition is directed against the impugned
order dated 15.07.2025, whereby the respondent No. 1, i.e. the
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Chairperson of the Meghalaya Lokayukta, Shillong has directed for
investigation under Section 20(5) of the Meghalaya Lokayukta Act,
2014, against the petitioner and for submission of a report, within 6(six)
months. The learned counsel further submits that respondent No. 1,
(Meghalaya Lokayukta) has no jurisdiction to entertain the complaint,
inasmuch as, the petitioners against whom the complaint has been made
do not come within the definition of ‘Public Servants’ as given under
Section 14 of the Act.
Mr. S. Deb, learned counsel has produced an earlier order of the
Meghalaya Lokayukta dated 19.05.2022, wherein it has been held that
the Chairman and the Secretary of the VEC are elected members of the
job card holders and do not come within a purview of Section 14 of the
Meghalaya Lokayukta Act or under clause (c) of Section 2 of
Prevention of Corruption Act, 1988. He therefore, submits that as the
petitioners are the Chairman and Secretary of the VEC of Nongrim
Nongladaw, Ri-Bhoi District, the direction for investigation into the
matter is illegal and without jurisdiction.
Mr. N. Syngkon, learned GA who has been arrayed as the
proforma respondents also supports the submissions made by the
learned counsel for the petitioners.
On hearing the learned counsel for the parties, though the earlier
order dated 19.05.2022 passed by the Meghalaya Lokayukta is still in
existence, in the considered view of this Court the matter requires
further examination.
Accordingly, list this matter on 12.08.2025 for admission
hearing.
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Further, as a prima facie case for interim orders has been made
out, further proceedings in the Complaint Case No. 7 of 2024, pending
before the Chairperson, Meghalaya Lokayukta shall remain stayed,
until further orders.
List accordingly.
JUDGE
Meghalaya
23.07.2025
“V. Lyndem-PS”
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