SHILLONG : In a sharp observation that could have major implications for the ongoing constitutional and customary dispute within the Mylliem Syiemship, the Meghalaya High Court on Monday questioned the legality of the Khasi Hills Autonomous District Council’s (KHADC) decision to prevent Deputy Syiem Mansan Manik Syiem from assuming charge as Acting Syiem.
The court observed that the very ground used by the KHADC Executive Committee to declare the petitioner “not fit” for the post his blood relationship with the suspended Syiem appears to contradict the provisions of the law governing the Mylliem Syiemship itself.
Hearing a writ petition filed by Mansan Manik Syiem, Justice HS Thangkhiew issued notice to the KHADC and other concerned respondents after noting that the petitioner had made a “prima facie case” warranting judicial interference.
The petition challenges an order issued by the KHADC Executive Committee on May 22, 2026, through which the Council refused to allow the Deputy Syiem to function as Acting Syiem following the suspension of incumbent chief Ainam Manik Syiem.
According to the petitioner, the Executive Committee had cited only one reason for disqualifying him that he is the younger brother of the suspended Syiem.
Appearing for the petitioner, advocate Philemon Nongbri argued before the court that the KHADC’s decision runs directly against 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 states that a Deputy Syiem should be nominated from among the adult brothers or nephews of the Syiem.
The counsel further submitted that Section 8(1) of the same Act clearly provides that whenever the office of the Syiem falls vacant due to suspension, death or inability to function, the Deputy Syiem would ordinarily assume charge as Acting Syiem.
Justice Thangkhiew, while hearing the matter, reportedly noted the apparent contradiction in the KHADC’s reasoning.
The court observed that the family relationship cited as the basis for disqualification is, in fact, among the qualifications recognised under the governing law itself.
The High Court also raised concerns regarding the procedural validity of the Executive Committee’s order.
According to submissions made before the court, the order was allegedly signed by only one Executive Member, raising questions over whether it complied with the mandatory provisions under Section 25 of the Act governing Executive Committee decisions.
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Senior advocate HL Shangreiso, appearing for the KHADC, defended the Council’s position and argued that the decision had been taken collectively during an Executive Committee meeting held on May 21.
He further argued that the petitioner’s family connection to the suspended Syiem was not the sole factor considered by the Executive Committee while assessing his suitability for the role.
However, the court remarked that the petitioner had presented an “overwhelming case” at this preliminary stage.
Justice Thangkhiew also directed the individual currently functioning as Acting Syiem under the KHADC arrangement to file an affidavit explaining the circumstances under which he assumed office.
The matter is scheduled to come up again for hearing on June 3, with the court indicating that it may seek to dispose of the case on the next date itself.
The case has attracted considerable attention across Khasi Hills as it touches upon the balance between customary governance, statutory interpretation and the powers exercised by the KHADC over traditional institutions.
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