SHILLONG, FEB 11: KHADC chief and UDF leader Latiplang Kharkongor on Tuesday filed a petition before the Meghalaya High Court challenging the government’s decision to impose administrator’s rule in the Khasi Hills Autonomous District Council.
The petition said that the notification issued on February 7, for imposing administrator’s rule and appointing of the deputy commissioner as administrator was based on alleged political instability and frequent changing of allegiance by the elected members of the KHADC.
The notification was issued by the Deputy Secretary to the Governor of Meghalaya.
“…there was no material before the Governor to come to a satisfaction warranting invocation of powers under 16 (2) of the Sixth Schedule of the Constitution of India. Such powers having been exercised capriciously and arbitrary, is therefore illegal and resultantly the impugned notification dated February 7 is liable to be quashed and set aside,” the petition said.
It also said that the notification came after the executive committee (led by the United Democratif Forum (UDF) was formally formed with the notification of executive members on February 3, following order passed by the Meghalaya High Court.
“The manner in which the notification was issued by the respondents only displays the object of the government to frustrate and somehow nullify the directions passed by the Court in as much as while issuing the notification, no consultation process with the executive committee as is mandated under Article 20BA of the Sixth Schedule was held or thought necessary by the respondents.”
The petition further states that the district council being an autonomous body formed under Sixth Schedule of the Constitution, the state government have no authority whatsoever to interfere with the functioning of the district council and that action to issue the notification only suggest that the state respondents are somehow trying to subjucate the district council by continuously meddling in their affairs as has been done in the instant case.
Such action being absolutely perverse and bad in law therefore becomes subject of judicial review by this Court.
It said that the budget session having been notified from March 17 and the petitioner being duly elected as CEM enjoying majority, there was no question of restraining a duly elected body from functioning by means of appointment of administrator’s rule and the remedy open with the respondents was for a floor test under Rule 71 of the Autonomous District Council Rules.
“The action of the Governor in essence scuttles the democratic process in as much as it seeks to oust a duly elected body dehors the law thereby being an action in perversity of the constitutional mandate which if allowed to permeate would set a wrong precedent to follow,” the petition added.
Meanwhile on contacted, Kharkongor informed that the hearing on the matter has been fixed on February 14.
It may be mentioned here that the UDF has claimed to have the support of 16 MDCs following the joining of two UDP MDCs – Paul Lyngdoh and Teiborlang Pathaw – to the alliance while the UDP-led United Democratic Alliance (UDA) has been reduced to 14 in the House of 29.
By Our Reporter
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