No bar for governor to take decision on EMs: HC
SHILLONG: The state government has once again recommended to Governor Tathagata Roy to invoke administrator’s rule in the Khasi Hills Autonomous District Council (KHADC).
Talking to media persons after the cabinet meeting on Tuesday, Chief Minister Conrad Sangma said the cabinet made the recommendation as there is instability in the KHADC. “The prevailing situation is not good since there is uncertainty and instability in the Council”, Sangma said.
He pointed out one of the MDCs from one of the groups shifted allegiance to another group which again tilted the entire equation.
“In a scenario like this, we have been given a briefing and accordingly we took a decision and this was forwarded to the governor for his necessary approval”, Sangma said.
The chief minister observed that a few days back there were certain numbers on one side adding that within a week’s time, there was change in the numbers.
“In this kind of situation, the most appropriate thing the state government feels is that the governor should decide on administrator’s rule”, Sangma said.
On December 6, Congress MDC from Mairang Batskhem Ryntathiang has withdrawn his support to the United Democratic Front (UDF) and met leaders of the United Democratic Alliance (UDA) to extend his support. Earlier on November 21, after the newly formed UDF and UDA had secured equal votes during the no-confidence motion, the chairman PN Syiem voted for the UDF leading to the downfall of the Executive Committee of UDA led by NPP-UDP combine. Later, Latiplang Kharkongor was elected as the CEM.
However, on November 22, the government recommended administrator’s rule but it was rejected by the governor the next day.
When asked if the decision of the cabinet goes against the judicial review since the matter is pending in the court, Sangma said the court has ordered that the governor can give his decision whatever may the outcome of the case.
The stand of the government is that the strength of UDA rose to 15 in the House of 29 following the decision of the Congress MDC.
However, the UDF claimed that it has the strength of 16 members and is ready to prove it on the floor of the House.
The KHADC CEM had on Thursday last filed a petition before the High Court over the delay on the part of the governor to approve the list of Executive Members. Two separate letters were sent to the governor by the CEM for the approval of executive members and the deputy CEM.
The court in the order on Tuesday said that the pendency of this writ ‘shall not in any manner be taken as a bar for the governor to take independent view of the matter’. During the hearing, the advocate general submitted that he was yet to complete his instructions from Raj Bhavan regarding the proposal made by the petitioner through annexure-VIII of November 27 and Annexure-IX of November 29.
The first annexure is regarding the names of executive members for approval and the second is the name of deputy CEM.
The advocate general will file his counter affidavit on behalf of other respondents and the matter will come up for hearing on December 13.
However, sources said that the governor may not approve the administrator’s rule and the option before him will be to convene a session to prove the majority of the group which has more numbers.
