Six-month extension to GHADC unconstitutional: UDP, NPP
SHILLONG: While condemning the Meghalaya Government for politicizing the affairs of the GHADC, the Opposition on Wednesday sought the intervention of Governor K.K. Paul over the illegal extension of the term of the Council by another six by the Congress-led MUA-II Government.
“We demand the immediate restoration of democracy in the Council through holding of fresh elections without further delay,” UDP president and Opposition leader Donkupar Roy stated in a letter addressed to the Governor on Wednesday.
He said that the term of the GHADC which expired on February 14, 2014, has been extended by a further period of six months on account of the truce negotiations between the Government and “some organisations” in Garo Hills region.
“The extended term of six months had also expired upon which another extension of the life of the Council by another six months was effected without any justification, but based solely on petty political consideration to allow illegal overstay of the Congress-led Executive Committee which is highly unconstitutional and smacks of blatant abuse of power,” the Opposition leader said.
NPP demands GHADC elections
Meanwhile, the National People’s Party (NPP), Meghalaya unit, while condemning the decision of the State Government to extend the term of the GHADC by another six months demanded that elections to the GHADC should be held immediately without any further delay.
In a statement issued here on Wednesday, NPP spokesperson James Sangma demanded that elections to the GHADC must be held without further delay since already six months have been wasted because of the personal whims and fancies of the Chief Minister.
While condemning the extension, he said that the decision to extend the GHADC term was not only undemocratic and unconstitutional but also politically motivated and completely unjustified.
“It exposes the nefarious designs of the Chief Minister who is doing all this solely for his self protection and political survival,” James said while adding that Para 6 A of the Sixth Schedule states that “…the said period of five years may, while a Proclamation of Emergency is in operation or if circumstances exist which, in the opinion of the Governor, render the holding of elections impracticable, be extended by the Governor …..”.
“Therefore as per the Constitution, the term of the Autonomous District Council (ADC) can be extended only on the grounds of firstly a Proclamation of Emergency and secondly if a situation arises in the opinion of the Governor which render the holding of elections impracticable,” he said.
Stating that presently there is no proclamation of emergency in the country, no war, no natural calamity, no Constitutional crisis, no financial crisis, no political turmoil and no such similar situation which will render holding of elections impractical, James stated that the extension of the tenure of the GHADC is totally uncalled for and politically and personally motivated.
“According to media reports whatever agreement has been reached between the Centre, the State and the ANVC in terms of the agreed text of settlement will result in the ADCs having more powers and the strength of the ADCs increasing from 30 to 40 which will be applicable to all the District Councils of Meghalaya. If that is the case, the KHADC and the JHADC where elections have already been held will be deprived of this till the next elections are held at the end of the term.
According to James, the Chief Minister has a personal agenda. His status as a Scheduled Tribe is being challenged and the matter is before the Supreme Court of India.
“It has also been widely reported that Mukul is desperately trying to change the customary law of the Garos through a new legislation in the GHADC. It may be recalled that this desperate attempt was stalled by the student bodies, the NGOs, the Opposition political parties and the people of Garo Hills,” James said.
Knowing fully well that the Congress is going to lose the next GHADC elections badly, the Chief Minister desperately wants to get the customary laws of the Garos changed by the present GHADC so that he can retain his Tribal status.
Meanwhile, the NPP has condemned the kidnapping of Subodh Kumar Mishra, an official of the State Bank of India, on Tuesday from Barengapara in West Garo Hills.
“The Home Department, it seems, is just watching helplessly as the law and order situation is spiraling out of control in Garo Hills,” James said while demanding that the kidnapped official be immediately traced and rescued.