Shillong, March 11: The Meghalaya High Court has quashed a notification issued by the Garo Hills Autonomous District Council that made Scheduled Tribe certificates mandatory for candidates contesting the upcoming council elections.
The court observed that the notification bypassed proper legislative procedures and therefore could not withstand legal scrutiny.
The order had been issued by the chief executive member of the council following a resolution adopted by its Executive Committee last month, seeking to bar non-tribal candidates from contesting the GHADC elections. A voter challenged the move in court, arguing that it violated the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, which define the qualifications of voters and candidates in district council polls.
During the hearing on March 10, senior counsel for the petitioner contended that the notification effectively disenfranchised legitimate non-tribal voters and candidates without amending the relevant rules.
The counsel also pointed out that the move lacked the required approval from the District Council and the Governor under Rule 72 of the 1951 Rules. It was further argued that non-tribals have historically taken part in elections and served as council members since the establishment of the GHADC in 1952.
Defending the notification, the GHADC maintained that the decision was intended to safeguard tribal interests amid demographic changes and invoked the emergency powers of its Executive Committee.
However, the High Court ruled that the Executive Committee can only propose amendments to rules, which must then be approved by the District Council and the Governor before coming into effect. “The notification cannot pass legal scrutiny and is set aside and quashed,” the court said while disposing of the writ petition.
