SHILLONG: The High Court of Meghalaya has held that the Governor does not have any discretion to withhold the appointment of Executive Members (EMs) of the Khasi Hills Autonomous District Council (KHADC) and has no option but to notify their appointment acting on the advice of the Chief Executive Member (CEM).
The Single Bench of the Meghalaya High Court stated that a detailed analysis of the Rules of 1951, makes it clear that the principles of the Cabinet system of the Government are ingrained in its various provisions, especially Rule 20, according to which it is the prerogative of the duly elected Chief Executive Member of the Council to choose the Deputy Chief Executive Member and other Members of the Executive Committee of the District Council.
The Bench observed that in the event of such advice, the Governor has to appoint person/persons of his choice accordingly. This provision is analogous to Article 75 of the Constitution, which vests the authority in the Prime Minister to advice the President to appoint other Ministers and Article 164 of the Constitution, which similarly empowers the Chief Minister to advice the Governor to appoint the other Ministers.
“Both these constitutional provisions do not leave any discretion with either the President or the Governor, as the case may be, as to the choice of the persons to be appointed as Ministers”, the Court stated.
The Court held that in view of the afore-discussed law, it must be held that on the advice being rendered by the petitioner in his capacity as the Chief Executive Member, for appointment of one Deputy Chief Executive Member and four Executive Members of the Executive Committee of the KHADC, the Governor of the State of Meghalaya does not have any discretion to withhold their appointment and has no option but to notify their appointment acting on such advice.
The Court has directed the Secretary to the Governor of Meghalaya, Raj Bhawan, to place the relevant file before the Governor of Meghalaya for issuance of the formal orders accordingly.
