• About
  • Advertise
  • Privacy & Policy
  • Contact
Tuesday, March 24, 2026
Visit Mawphor
Highland Post
Govt. of Meghalaya
  • Home
  • Meghalaya
    • All
    • East Garo Hills
    • East Jaintia Hills
    • East Khasi Hills
    • Eastern West Khasi Hills
    • North Garo Hills
    • Ri Bhoi
    • South Garo Hills
    • South West Garo Hills
    • South West Khasi Hills
    • Statewide
    • West Garo Hills
    • West Jaintia Hills
    • West Khasi Hills
    Meghalaya Governor signs law barring non-tribals from GHADC polls

    Meghalaya Governor signs law barring non-tribals from GHADC polls

    Child denied KG admission in prestigious school for being late to orientation

    Child denied KG admission in prestigious school for being late to orientation

    GHADC strips non-tribals’ ability to contest council polls

    GHADC strips non-tribals’ ability to contest council polls

    Laitumkhrah hawker relocation in 2 months: Dhar

    Laitumkhrah hawker relocation in 2 months: Dhar

    Govt committed to enhancing teacher pay: Rymbui

    Govt committed to enhancing teacher pay: Rymbui

    Sheen comes off Laitlum’s pristine beauty

    Sheen comes off Laitlum’s pristine beauty

    State gets instruments to analyse safety of food & water

    State gets instruments to analyse safety of food & water

    Def Leppard India Tour: Fusion of legends & local talent announced

    Def Leppard India Tour: Fusion of legends & local talent announced

    HITO files complaint against air pollution from Riangdo Veneer industry

    HITO files complaint against air pollution from Riangdo Veneer industry

    Trending Tags

    • North East
    • National
      Modi says will overcome West Asia crisis like Covid

      Govt forms 7 empowered groups to devise strategies to tackle impact of West Asia war: PM Modi

      Modi says will overcome West Asia crisis like Covid

      Modi says will overcome West Asia crisis like Covid

      Two appear before magistrate over living-root bridge case

      India nominates Living Root Bridges of Meghalaya for UNESCO inscription

    • Health
    • Editorial
    • Sports
    • Writer’s Column
    • Letters to the Editor
    No Result
    View All Result
    • Home
    • Meghalaya
      • All
      • East Garo Hills
      • East Jaintia Hills
      • East Khasi Hills
      • Eastern West Khasi Hills
      • North Garo Hills
      • Ri Bhoi
      • South Garo Hills
      • South West Garo Hills
      • South West Khasi Hills
      • Statewide
      • West Garo Hills
      • West Jaintia Hills
      • West Khasi Hills
      Meghalaya Governor signs law barring non-tribals from GHADC polls

      Meghalaya Governor signs law barring non-tribals from GHADC polls

      Child denied KG admission in prestigious school for being late to orientation

      Child denied KG admission in prestigious school for being late to orientation

      GHADC strips non-tribals’ ability to contest council polls

      GHADC strips non-tribals’ ability to contest council polls

      Laitumkhrah hawker relocation in 2 months: Dhar

      Laitumkhrah hawker relocation in 2 months: Dhar

      Govt committed to enhancing teacher pay: Rymbui

      Govt committed to enhancing teacher pay: Rymbui

      Sheen comes off Laitlum’s pristine beauty

      Sheen comes off Laitlum’s pristine beauty

      State gets instruments to analyse safety of food & water

      State gets instruments to analyse safety of food & water

      Def Leppard India Tour: Fusion of legends & local talent announced

      Def Leppard India Tour: Fusion of legends & local talent announced

      HITO files complaint against air pollution from Riangdo Veneer industry

      HITO files complaint against air pollution from Riangdo Veneer industry

      Trending Tags

      • North East
      • National
        Modi says will overcome West Asia crisis like Covid

        Govt forms 7 empowered groups to devise strategies to tackle impact of West Asia war: PM Modi

        Modi says will overcome West Asia crisis like Covid

        Modi says will overcome West Asia crisis like Covid

        Two appear before magistrate over living-root bridge case

        India nominates Living Root Bridges of Meghalaya for UNESCO inscription

      • Health
      • Editorial
      • Sports
      • Writer’s Column
      • Letters to the Editor
      No Result
      View All Result
      Highland Post
      No Result
      View All Result
      Home Meghalaya

      High Court rejects plea for poll code violation case against Williamnagar MLA

      ‘Election can be challenged only by Election Petition’

      HP News Service by HP News Service
      August 23, 2023
      in Meghalaya, Statewide
      0
      High Court rejects plea of former GHADC Secy
      0
      SHARES
      561
      VIEWS

      The Meghalaya High Court has rejected the plea for registration of a case of violation of election model of conduct against Williamnagar MLA Marcuise N. Marak who is currently a cabinet minister in the MDA government.

      Tennydard M. Marak had moved a writ petition against the Election Commission of India in the High Court for the purported inaction on the part of the Election Commission, Chief Electoral Officer, and other officials on his complaints about the violation of the provisions of the Representation of the People Act, 1951 as well as the model code of conduct by Marcuise N. Marak during the general elections for the Meghalaya Legislative Assembly held in 2023 from Williamnagar Assembly Constituency.

      The writ petitioner also pleaded with the High Court to direct the Election Commission of India for registration of a case against the NPP MLA on the basis of a complaint dated February 23, 2023 and FIR dated April 3, 2023.

      However, in a verdict passed today, Justice Hamarsan Singh Thankhiew said that Article 329(b) of the Constitution of India imposes a strict bar to the interference by courts in electoral matters.

      Furthermore, Justice Thangkhiew said that Section 80 of the Representation of People Act, 1951, has also made it clear that no election shall be called in question, except by an Election Petition presented in accordance with the provisions of that part which prescribes the presentation of an Election Petition before the High Court. The judge also stated that Section 81 and 86 prescribe the manner of presentation and trial of an Election Petition.

      “The position of law being crystal clear, the writ petition seeking invocation of the writ jurisdiction of this court, in an attempt to unseat the respondent No. 7 (Marcuise N. Marak), is therefore not maintainable and is liable to be dismissed. Accordingly, the writ petition for the reasons aforementioned is dismissed,” Justice Thangkhiew said while also imposing a fine of Rs15,000 to the petitioner.

      Tennydard’s lawyer J C Gaur in his pleadings submitted that the writ petitioner is not challenging the election of Marcuise Marak, but is aggrieved only against the action of the MLA, which constitutes offences punishable under Section 153A, 163 and 171F of the Indian Penal Code.

      Gaur also told the High Court that inspite of the complaints, the Officer In-charge of Williamnagar Police Station, by letter dated April 28, 2023, had informed Tennydard that the matter is clearly under the Representation of People Act, 1951 and the Conduct of Election Rules, 1961, instead of proceeding with registration of the case. Gaur further submitted that the High Court under Article 226 of the Constitution has ample discretion to pass appropriate orders directing for investigation and for action to be taken as per the provision of the Representation of People Act, 1951.

      However, Advocate General Amit Kumar told the court that the allegations contained in the writ petition are totally confined to allegations against Marcuise Marak for violation of the model code of conduct and as such, the writ petition on this ground itself is not maintainable, as the same is barred by Article 329(b) of the Constitution, which has laid down that no election to either House of Parliament or to the House of the Legislature of a State shall be called in question except by an Election Petition.

      Kumar further submitted that Section 80 of the Representation of People Act, 1951, specifically provides that no election shall be called in question except by an Election Petition presented in accordance with the provisions of this part, and as such, the instant writ petition is liable to be dismissed.

      The Advocate General also drew the attention of the court to the fact that, the verbal submissions as made by the lawyer for the petitioner is not reflected anywhere in the pleadings of the writ petition and that even the complaint dated February 23, 2023, on which action is sought, was not even filed by the petitioner but by another person namely a candidate from South Tura named Leslee K. Sangma.

      Kumar also said that Tennydard had already approached the High Court by way of an Election Petition but withdrew the same on May 25, 2023 after realising that the petition was filed beyond the prescribed period of limitation and therefore, was not maintainable.

      Deputy Solicitor General of India Dr. Nitesh Mozika who represented the Election Commission of India while endorsing the submissions made by the Advocate General also submitted that the results of the election were declared on March 2, 2023 and the complaint was submitted on March 23, 2023 after the election process was over and the model code of conduct is no longer in force.

      According to Dr. Mozika, once elections are over the only remedy available to the petitioner, subject to establishing his locus standi, was to file and pursue an Election Petition, which the petitioner failed to do within the prescribed time limit of 45 days from the date of declaration of election results. As such, the writ petition is not maintainable and liable to be rejected, Dr. Mozika added.

      HP News Service

      HP News Service

      An English daily newspaper from Shillong published by Readington Marwein, proprietor of Mawphor Khasi Daily Newspaper, who established the first Khasi daily in 1989.

      Related Posts

      Meghalaya Governor signs law barring non-tribals from GHADC polls
      Meghalaya

      Meghalaya Governor signs law barring non-tribals from GHADC polls

      March 24, 2026
      Child denied KG admission in prestigious school for being late to orientation
      Meghalaya

      Child denied KG admission in prestigious school for being late to orientation

      March 24, 2026
      GHADC strips non-tribals’ ability to contest council polls
      Meghalaya

      GHADC strips non-tribals’ ability to contest council polls

      March 24, 2026
      Laitumkhrah hawker relocation in 2 months: Dhar
      Meghalaya

      Laitumkhrah hawker relocation in 2 months: Dhar

      March 24, 2026
      Govt committed to enhancing teacher pay: Rymbui
      Meghalaya

      Govt committed to enhancing teacher pay: Rymbui

      March 24, 2026
      Sheen comes off Laitlum’s pristine beauty
      Meghalaya

      Sheen comes off Laitlum’s pristine beauty

      March 24, 2026
      Load More
      Next Post
      NEHU boffin’s research in chemistry earns acclaim

      NEHU boffin's research in chemistry earns acclaim

      Leave a Reply Cancel reply

      Your email address will not be published. Required fields are marked *

      We’re on Facebook

      Advertisement

      • Trending
      • Comments
      • Latest
      Sonam & Raja were with 3 other tourists on day they vanished, says tour guide

      Sonam & Raja were with 3 other tourists on day they vanished, says tour guide

      June 7, 2025
      Tourist taxi association launches agitation against outside vehicles

      Tourist taxi association launches agitation against outside vehicles

      September 17, 2025
      Residents of 44 localities in Shillong drink unsafe water

      Residents of 44 localities in Shillong drink unsafe water

      October 3, 2023
      Bike taxi drivers ask Govt for offline option

      Rapido captains caught off guard by DTO, hired and fined

      July 7, 2024
      Local cabbies disagree with disruption of tourists’ entry

      Assam taxi operators warn of dire effects of ban from tourist sites

      1

      Illegal sand, boulder mining along Umiam River banned

      0

      WINS project launched at Loreto School

      0
      14 State medallists leave for Chennai for ASMITA national kickboxing

      14 State medallists leave for Chennai for ASMITA national kickboxing

      0
      14 State medallists leave for Chennai for ASMITA national kickboxing

      14 State medallists leave for Chennai for ASMITA national kickboxing

      March 24, 2026
      Modi says will overcome West Asia crisis like Covid

      Govt forms 7 empowered groups to devise strategies to tackle impact of West Asia war: PM Modi

      March 24, 2026
      Meghalaya Governor signs law barring non-tribals from GHADC polls

      Meghalaya Governor signs law barring non-tribals from GHADC polls

      March 24, 2026
      Child denied KG admission in prestigious school for being late to orientation

      Child denied KG admission in prestigious school for being late to orientation

      March 24, 2026

      Recommended

      14 State medallists leave for Chennai for ASMITA national kickboxing

      14 State medallists leave for Chennai for ASMITA national kickboxing

      March 24, 2026
      Modi says will overcome West Asia crisis like Covid

      Govt forms 7 empowered groups to devise strategies to tackle impact of West Asia war: PM Modi

      March 24, 2026
      Meghalaya Governor signs law barring non-tribals from GHADC polls

      Meghalaya Governor signs law barring non-tribals from GHADC polls

      March 24, 2026
      Child denied KG admission in prestigious school for being late to orientation

      Child denied KG admission in prestigious school for being late to orientation

      March 24, 2026

      About Highland Post

      You’re visiting the official website of Highland Post, a leading and most circulated English daily of Meghalaya published by the Mawphor Group. Stay updated with our e-edition for latest updates from Meghalaya, North Eastern India and World as a whole.

      Registered office:
      Mavis Dunn Road, Mawkhar,
      Shillong-793001, Meghalaya
      Phone no: 0364-2545423
      Email: highlandpost.shg@gmail.com, editorhp2019@gmail.com

      Like Us on Facebook

      Follow Us on Twitter

      Tweets by HP

      © 2021 Highland Post – All Rights Reserved.

      • About
      • Advertise
      • Privacy & Policy
      • Contact
      No Result
      View All Result
      • Home
      • Meghalaya
        • East Garo Hills
        • East Jaintia Hills
        • East Khasi Hills
        • North Garo Hills
        • Ri Bhoi
        • South Garo Hills
        • South West Garo Hills
        • South West Khasi Hills
        • Statewide
        • West Garo Hills
        • West Jaintia Hills
        • West Khasi Hills
      • North East
      • National
      • International
      • Health
      • Editorial
      • Musey Toons
      • Sports
      • Writer’s Column
      • Letters to the Editor

      © 2021 Highland Post - All Rights Reserved.