The Meghalaya High Court today rejected the petition of former Garo Hills Autonomous District Council (GHADC) Secretary Hewingson Sangma who challenged the validity of an order issued by the chairperson of Lokayukta.
Sangma had challenged the propriety of an order dated May 18, 2023 by which the Lokayukta has sought filing of charge-sheets under Sections 7 and 12 of the Prevention of Corruption Act, 1988 against Sangma.
The division bench of the High Court in an order passed today termed the petition by Sangma as a “frivolous challenge” to the amending Meghalaya Lokayukta Acts of 2019 and 2021 by which the original provisions of the Meghalaya Lokayukta Act, 2014 have been substantially altered.
Sangma’s grievance is that the two amendments are completely arbitrary, ultra vires of Article 14 of the Constitution and they have taken away rights that may have accrued to him in the interregnum.
However, the High Court said that “none of the contentions holds any water”.
“There does not appear to be any arbitrariness in the State Legislature having amended the Act that was of the same Legislature’s doing. No prejudice on the ground of Article 14 has been demonstrated except by referring to such constitutional provision,” the High Court said.
“It appears that a sham challenge to the amending Acts was made out for the purpose of stalling the proceedings initiated by the impugned order dated May 18, 2023. Since there is no basis to the challenge to the amendments, WP (C) No.172 of 2023 is dismissed with full prejudice to the petitioner for its consequences,” the court added.
It may be mentioned that the Lokayukta in his order dated May 18, 2023 has directed the Tura Sessions Court to take action against 11 former MDCs and officers for alleged siphoning of public funds in the implementation of various projects.
The GHADC Secretary filed a writ petition in the High Court seeking a stay on the proceedings in the Tura Court. He argued that the amendments made to the Meghalaya Lokayukta Act in 2019 and 2021 were arbitrary and infringed on his rights.
