SHILLONG: The High Court has said the affidavit filed on behalf of the Khasi Hills Autonomous District Council (KHADC) against a PIL challenging the powers of the Councils is defective as all the pages and annexure have not been signed by the deponent.
However, the affidavit was taken on record subject to all exceptions. During the hearing on Thursday, the counsel for the petitioner prayed for and was granted time for filing a rejoinder affidavit and the matter has been listed after six weeks.
The petitioner, Michael Syiem, in his petition filed last year has referred to Paragraph 12A of the Sixth Schedule and contended that if any provision of a law is made by a District Council in Meghalaya with respect to any matter specified in sub-paragraph (1) of Paragraph 3 of the Sixth Schedule that contravenes any provision of a law made by the State Legislature with respect to that matter, then the law or regulation made by the District Council will be void and the law made by the State Legislature will prevail.
The PIL had also contended that as per the federal structure, there can be only two Governments, one at the Centre and the other in states with Executive, Legislative and Judiciary powers. As far as Meghalaya is concerned, there are two parallel governments — the State and the District Council.
The petitioner also argued that continuation of the District Council is counter-productive for the growth and development of the State and also in the present scenario, utility of the District Council in Meghalaya is outlived.
