Shillong, Mar 8: Rajabala MLA Dr Mizanur Rahman Kazi, former MLA and ex-MDC, SG Estamatur Mominin and other minority groups from Garo Hills have petitioned Meghalaya Governor CH Vijayashankar to strike down the recent Garo Hills Autonomous District Council (GHADC) notification requiring ST certificates for candidates contesting the district council polls.
The petitioners have argued that the February 17 notification issued by the GHADC’s executive committee is unconstitutional.
They also urged Vijayashankar to issue appropriate orders to the District Council Affairs (DCA) Department to ensure strict compliance with the Constitution and the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules 1951 (Amended) in the upcoming GHADC elections.
They advised the Governor to direct the authorities not to act upon the notification.
According to the petitioners, the notification violates Articles 14 and 15 of the Constitution by discriminating against non-tribal citizens solely on the basis of community status and also violates Article 326 by restricting the democratic process of elections conducted on the basis of adult suffrage.
They also stated that the notification is in excess of jurisdiction, as the Executive Committee cannot amend or override statutory election rules or constitutional provisions through an executive resolution and it also is an erosion of the basic democratic structure by excluding otherwise eligible citizens from participating in local self-governance.
In the petition, they stated that the GHADC has been constituted under the Sixth Schedule to the Constitution to ensure autonomous administration and protection of tribal customs and traditions.
“However, the Sixth Schedule does not confer unlimited or plenary legislative or executive power upon the Executive Committee to override constitutional guarantees or to amend election qualifications by executive fiat,” it stated.
The minority leaders and groups pointed out that Paragraph 2 of the Sixth Schedule clearly provides that members of the District Council shall be elected on the basis of adult suffrage.
“The meaning and scope of adult suffrage is conclusively settled by Article 326 of the Constitution, which extends the right to vote to every citizen of India who has attained the age of eighteen years and is not otherwise disqualified by law. Nowhere does the Constitution restrict adult suffrage or eligibility to contest elections exclusively to Scheduled Tribes,” the petition stated.
They stated that while the protection of tribal autonomy is a cherished constitutional objective, it must operate within the framework of the Constitution and cannot be achieved by extinguishing the lawful rights of other citizens.
