The Meghalaya High Court has set aside the notification issued by the Executive Committee of Garo Hills Autonomous District Council (GHADC) on February 17 that mandated production of scheduled tribe certificate by prospective candidates for the GHADC polls slated to be held on April 10. The order would pave the way for non-tribal candidates to contest the polls. Taking up a petition filed by Enamul Haque challenging the GHADC notification, Justice Hamarsan Thangkhiew, in his order, said that amendment rules on such a matter under the Assam and Meghalaya Autonomous District (Constitution of Districts Councils) Rules, 1951 should have been approved by the GHADC EC and passed by the MDCs in the House and assented by the Governor.
“The impugned notification, it is noted has been issued at the level of the Executive Committee itself, without the same being placed before the Council, and further, even if Rule 30 is resorted to, Rule 29 (2) (b) does not envisage the making of Regulations or Rules by the Executive Committee but only for proposals to be made,” the order said. The high court order has come at a time ehen two persons have died, and several others were injured in West Garo Hill district on Tuesday after police opened fire to control clashes over participation of non-tribals in the GHADC elections. Tension prevailed in Garo Hills due to strong protest by non-tribals over the notification by the council making it mandatory for the candidates to produce a Scheduled Tribe certificate along with nomination papers for the polls.
