SHILLONG, JAN 16: Opposition United Democratic Party (UDP) on Saturday demanded that the state government should not bring legislation for the traditional bodies when it had earlier withdrawn in principle the ordinance on this regard.
The decision was taken at a meeting convened by the UDP with the headmen of different traditional institutions in the Shillong city and its suburbs to discuss on the recent ruling passed by the Meghalaya High Court.
On January 13, the Meghalaya High Court in its judgment had directed the state government to bring suitable and comprehensive legislation on the functioning of the traditional institutions and their heads.
“We have decided to demand the state government to refrain from bringing any legislation with regards to the traditional bodies in the state,” UDP working president Bindo M Lanong told reporters after the meeting.
According to him, such direction by the court is not at all acceptable because the power to make laws totally rest with the autonomous district councils (ADCs). “The last year’s withdrawal of the ordinance by the state government further strengthens the fact that it is not the appropriate authority to look into the matters of the traditional institutions,” he said adding “Once such withdrawal is made in principle, the government should not make any attempt to legislate laws for the district councils or the traditional bodies.”
The meeting has also decided to send a delegation of UDP legislators to the state government to demand for immediate convening of a Special Session of the State Assembly. “We would be sending the delegation of party’s MLAs to demand for a special session to discuss on the High Court ruling and issue related to the village administration bill (VAB),” Lanong said.
He further informed that it was also resolved to suggest to the three ADCs – Khasi Hills Autonomous District Council (KHADC), Jaintia Hills Autonomous District Council (JHADC) and Garo Hills Autonomous District Council (GHADC) to have a joint sitting on the matter. “We would soon write to all the three district councils to call for a joint sitting to discuss on the matter pertaining to the High Court ruling and VAB,” he said.
Lanong, also the former deputy chief minister, however said, “Whenever necessary, an appeal should be urgently filed whether in the Supreme Court or the High Court against the recent ruling.” A meeting with all political parties will also be convened soon to take a collective decision on the course of action on this issue. According to him, the common opinion of those who attended the meeting was that the judiciary has no right to impose or transgress.
“Even non-indigenous community have expressed similar opinion that the recent ruling is not at all acceptable,” he claimed It may be mentioned, the High Court in its ruling had also directed the state government to frame necessary Rules in order to bring the office of the Headman within the purview of the provisions of the Right to Information Act, 2005. It further directed the state government to include the headman in the definition of a “Public Servant”.
When sought for the party’s view on this, Lanong said, “Such matters need to be discussed and properly analyze before arriving at any conclusion.” He on the other hand said that there is a school of thought that emphasized that the traditional institutions already attract the provisions of the RTI. Moreover, the UDP leader said that issue whether the headman should be included in the definition of a ‘public servant’ is something which has to be debated since the office is purely voluntary services. “Since it is also more of a social service, a headman cannot be equate with that if a government servant,” he said.-By Our Reporter
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