Meghalaya High Court Quashes Garo Hills Election Notification

The Meghalaya High Court invalidated a notification by the Garo Hills Autonomous District Council that mandated Scheduled Tribe certificates for election nominations, deeming it violated legislative procedures. The court noted the lack of necessary approvals and the historical participation of non-tribals in elections.

Meghalaya High Court Quashes Garo Hills Election Notification
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The Meghalaya High Court has invalidated a notification from the Garo Hills Autonomous District Council requiring Scheduled Tribe certificates for election nominations. This notification, issued by the council's chief executive member after an executive committee resolution, aimed to prevent non-tribals from contesting the GHADC elections.

The notification was challenged by a voter, who argued it contravened the Assam and Meghalaya Autonomous Districts Rules from 1951, which outline qualifications for voters and candidates. The petitioner's counsel highlighted that the notification had disenfranchised legitimate non-tribal participants without amending relevant rules or securing approval from the District Council and the Governor.

In court, it was noted that non-tribals have historically contested and held positions in the council since its formation in 1952. The GHADC claimed the rule aimed to protect tribal interests amid demographic shifts, using emergency powers. However, the court ruled the Executive Committee could only propose, not enact, rule changes without approval. Thus, the notification was deemed unlawful and nullified.

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