By Our Reporter
SHILLONG: The KHADC will challenge the State Government directive asking the three autonomous district councils (ADCs) to seek prior approval of Governor before tabling any Bill.
The Council also maintained that the Delimitation Bill which was passed by it was in accordance with the provisions laid down in the Sixth Schedule of Indian Constitution.
The decision of the KHADC comes a day after UDP working president Bindo M Lanong disputed the State Government directive stating that there is no such provision in the Sixth Schedule which makes it mandatory for the Council to seek prior approval from the Governor before tabling any bill.
The State Government had on Thursday last declared the KHADC Delimitation Bill null and void as the Bill was tabled without the Governor’s approval.
“As per sub paragraph 7 of paragraph 2 of the Sixth Schedule, it is clearly mentioned that the Council can make rules with the approval of the Governor. The word ‘prior’ (approval) is not mentioned in the Sixth Schedule,” KHADC CEM Pynshngain N Syiem said after the meeting of Congress-led Khasi Hills United Democratic Alliance (KHUDA) here on Tuesday.
“The Council is required to seek prior approval of Governor if it intends to make rules on matters which are outside the purview of the Sixth Schedule,” Syiem said adding that the KHADC Autonomous District (Constitution of District Councils) Rules, 2013 which seeks delimitation of the Council constituencies cannot be declared ‘null and void’.
“The Council has followed all the mandatory procedures as laid down in the Sixth Schedule at the time of tabling and passing the Bill. We are really surprised that questions are being raised on the legitimacy of the Bill which was unanimously passed by the Council,” Syiem said.
Reacting to District Council Affairs (DCA) Minister HDR Lyngdoh’s directive to the Council to start the whole exercise afresh, the KHADC CEM said, “There is no question to start a fresh exercise on the whole delimitation process. The DCA Minister was present in the session when the Bill was passed and being an MDC himself, he had supported the move of the Council.” Commenting on HDR’s current stand Syiem said, “As a Minister, he must have been briefed by the officers in the Law department on this matter which has prompted him to come up with such directive.”
The KHADC has decided to meet both Chief Minister Dr Mukul Sangma and the DCA Minister to make its stand clear on the issue. Syiem, however, asserted that the KHADC would not bow down to any pressure from the State Government pertaining to starting a fresh exercise for delimiting of the Council constituencies.