Meghalaya HC strikes down GHADC order making ST certificate mandatory for polls

Shillong, March 11: The Meghalaya High Court has struck down a notification issued by the Garo Hills Autonomous District Council (GHADC) that made Scheduled Tribe (ST) certificates mandatory for candidates filing nominations in council elections, observing that the order bypassed the prescribed 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.

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 voter and candidate qualifications.

During the hearing on Tuesday, senior counsel for the petitioner contended 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 GHADC elections and served as council members since the council’s inception in 1952.

The GHADC, however, defended the notification, stating that it was aimed at protecting tribal interests in the region amid demographic changes and was issued under the emergency powers of the Executive Committee.

The High Court noted that while the Executive Committee may propose amendments to the rules, such changes must first be approved by the District Council and the Governor before they can take effect.

“The notification cannot pass legal scrutiny and is set aside and quashed,” the court observed while disposing of the writ petition.

The issue comes amid tensions in Meghalaya’s West Garo Hills over the GHADC election nomination process.

Two persons were killed when security forces opened fire to disperse violent mobs in the Chibinang area after clashes broke out between tribal and non-tribal groups over the elections.

According to police, the firing occurred while authorities were dispersing an unlawful assembly, and both victims were residents of Chibinang.

Following the violence and incidents of vandalism, the district administration imposed a 24-hour curfew and suspended mobile internet services for 48 hours to prevent the spread of misinformation.

The administration also sought assistance from the Army to conduct flag marches in sensitive areas as tensions mounted over the participation of non-tribals in the GHADC elections.

PTI