Shillong, March 11 (UNI) Making its stand categorical in the run-up to the April 10 Garo Hills Autonomous District Council (GHADC) election, the Meghalaya High Court has quashed and set aside the notification issued by the Executive Committee of the Council on February 17 that compulsorily required production of scheduled tribe (ST) certificate by contestants.
Adjudicating the writ petition filed by Enamul Hoque of Namabilla village, West Garo Hills, challenging the notification of the GHADC, on Tuesday, Thangkhiew maintained that the notification could not pass legal scrutiny.

Hoque contended that it had no power to de-franchise legitimate non-tribal voters by an executive order as it violated the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, under paragraph 2(6) of the Sixth Schedule.

Representing the petitioner, Advocate K. Paul pointed out that since the inception of the District Council and the framing of the rules, non-tribals who have featured in the voters’ list, have “freely voted” and served as members of the GHADC.
“The sudden change sought to be brought about by the impugned notification without any legislative approval is therefore incompetent and unjustified,” Paul argued.
Appearing for the GHADC, Advocate S. Dey defended the notification, citing that there has been a “demographic explosion, whereby the rights of the indigenous tribal population need to be further protected."
Meghalaya Advocate General Amit Kumar submitted that the impugned notification had been issued without the due process of law being complied with, though perhaps the same was with best interests in mind, but “cannot be said to be valid”.
Thangkhiew examined paragraphs 2(6) and 2(7) of the Sixth Schedule and the 1951 Rules and held that the Executive Committee could only propose changes and not unilaterally alter qualifications.
The High Court observed that the participation of non-tribals in elections to the District Councils, which have been “primarily established” for the benefit of the Scheduled Tribes, has come under “fierce debate with its consequential fallout”, which in turn “affects society” as a whole.
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