Court dismisses PIL challenging CM’s ST status
SHILLONG: Providing relief to Chief Minister Dr Mukul Sangma, the High Court of Meghalaya has dismissed the Public Interest Litigation (PIL) filed by one Tennydard Marak challenging the ST status of the Chief Minister.
After hearing both the parties, a Division Bench of the High Court, comprising of Justice TNK Singh and Justice SR Sen, dismissed the petition while holding the view that the petitioner has no locus standi to file the present PIL and/or is not an aggrieved person in the given case to file the PIL and the relief(s) sought for in the present PIL cannot be granted in the writ proceeding.
The Court further ruled that the writ proceeding is not a proper proceeding for deciding the customs and also the High Court in the given case, is not the proper authority for holding enquiry as to whether the Scheduled Tribe certificate issued in favour of the respondent (CM) is correct or not and that the PIL cannot be filed for making roving enquiry.
It may be mentioned that earlier, Advocate General KS Kynjing, who appeared on behalf of the State Government, had challenged the maintainability of the PIL, which alleged that the Chief Minister had fraudulently obtained the ST certificate.
The PIL was filed by Tennydard Marak challenging the authenticity of the Scheduled Tribe certificate issued to the Chief Minister.
Marak had, earlier, sent a complaint to the National Commission for Scheduled Tribes demanding cancellation of the ST certificate issued to the Chief Minister.
Meanwhile, sources also informed that Nisam M Sangma of Ampati, a clan member, has approached QB Lamare, a high court lawyer, to issue a legal notice to Tennydard Sangma for unnecessarily dragging him into the controversy.