Meghalaya high court quashes GHADC's order allowing only ST candidates to contest elections

SHILLONG: The Meghalaya High Court has set aside a notification issued by the Garo Hills Autonomous District Council (GHADC) that made Scheduled Tribe (ST) certificates mandatory for filing election nominations, observing that it bypassed the required legislative procedure. The notification, issued by the chief executive member of the council following a resolution of the Executive Committee last month, sought to bar non-tribals from contesting the upcoming GHADC elections, according to news agency PTI. The petitioner, a voter, challenged the notification, arguing that it violated the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, which govern the qualifications of voters and candidates.

During the hearing on Tuesday, senior counsel for the petitioner submitted that the notification "de-franchised legitimate non-tribal voters and candidates without amending the relevant rules", and "lacked approval from the District Council and the Governor as required under Rule 72 of the 1951 Rules". The counsel also pointed out that non-tribals have historically participated in elections and served as council members since the council’s inception in 1952.

The GHADC, however, argued that the notification was intended to protect tribal interests amid demographic changes and relied on the emergency powers of the Executive Committee. The high court noted that the Executive Committee could only propose amendments to the rules, which must be approved by the District Council and the Governor before coming into force. "The notification cannot pass legal scrutiny and is set aside and quashed," the court said while disposing of the writ petition.