Meghalaya HC fines seven for frivolous invoking of writ jurisdiction

The Meghalaya High Court on Monday slapped a fine of Rs 35,000 on seven persons who had petitioned it seeking a stay on the order of Khasi Hills Autonomous District Council prohibiting hawking by non-tribals without valid license.

Dismissing the writ petition, HC Chief Justice Ajay Kumar Mittal ordered that each of the seven petitioners must pay Rs 5000 separately to the district council within two weeks for "frivolous invoking of the writ jurisdiction".

"The petitioners who are tribals have not shown any cause of grievance to them and in fact, have misused and abused the process of this Court," the chief justice said.

The tribal council had on October 4 issued an order prohibiting hawking by non tribal traders in its jurisdiction without obtaining necessary licence from the Council.

The seven persons - Juli Warjri, Theila Marbaniang, Banisha Jyrwa, Idaris Kharwanlang, Deneris Thongni, Risuklang Marwein and Margrete Khongwir had sought an immediate stay of the notice alleging that it was contrary to the earlier order passed by the Council.

During the hearing on the matter, Additional Advocate General N D Chullai and senior counsel V G K Kynta who represented the KHADC contented that the petitioners are tribals and their motive of approaching the Court was with malicious and ulterior motive since the notification is not applicable to them.

In the public notice, the KHADC had stated that the United Khasi Jaintia Hills District (Trading by Non tribals) Regulation, 1954 was amended and the rules framed there under prohibit non-tribals from carrying out any trade or business without a valid license issued by the Council.