The power tussle in the Khasi and Garo Hills District Council has made the Sixth Schedule look like a lame duck. The newly formed Executive Committee, KHADC led by Latiplang Kharkongor claims majority and has gone to the High Court to seek the Court’s direction to the State Government to approve the list of the Executive Members in the new Executive Council (EC). Meanwhile, the former Deputy CEM, Pyniaid Syiem of the United Democratic Alliance (UDA) has also claimed that the group now has a majority of 15 members in a House of 29. In a peculiar turn of events the Governor had hastily blessed the EC led by Latiplang Kharkongor much against the advice of the State Government. Governor Tathagata Roy has used the discretionary powers vested in him by the Sixth Schedule. This is for the first time that such a precedence has occurred. The Sixth Schedule extends special powers to the governors in the states to ensure smooth functioning of the Autonomous Councils. The Supreme Court held that the governor is required under the constitutional pattern to function on the aid and advice of the council of ministers, save in spheres where he is required by the Constitution to exercise his functions at his discretion. Under certain special provisions of the Sixth Schedule, discretion is specifically given to the governor to this effect. The Governor is ostensibly using these discretionary powers in recognizing the Executive Committee led by the United Democratic Front led by Kharkongor.
What has queered the pitch for the new EC of Kharkongor is that the MDC of Mairang-Nongkhlaw who was previously with the UDF has now joined the UDA. This fence crossing will continue to happen unless the Anti-Defection Act under the 10th Schedule of the Constitution is also applicable to the District Councils. Meanwhile the Garo Hills District Council (GHDC) too is in a state of flux with the Deputy Chairman asking the Chairman to resign for violating the rules laid out in the Sixth Schedule which allows a no-confidence motion against the Executive Council.
In Jaintia Hills too things are following the same pattern of instability with Councillors jumping fences whenever it suits their personal interests. The voters who the MDCs represent don’t feature in their schemes of things once elections are over. This is also the first time ever that the Secretary to the Governor has been divested of all this responsibilities after the Governor recognised the EC led by Latiplang Kharkongor. Why should a civil servant be made to pay for a decision take by the Governor? This is an unprecedented and unhealthy trend.
Time has indeed arrived for the people of Meghalaya to seriously consider how to make the Sixth Schedule work without the need for District Councils since they are now reduced to instruments of personal aggrandisement.