Bernard warns of legal action over unauthorised GHADC taxation

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SHILLONG, July 13: State BJP vice president and Tura MDC Bernard N Marak has issued a stern warning to GHADC Executive Member in charge of Taxation, Grahambell A Sangma, threatening legal action if he fails to explain why taxes are being collected by the council without the mandatory approval of the Governor.
In a letter addressed to the EM, the Tura MDC demanded a formal clarification within ten days, failing which he said he would be compelled to initiate judicial proceedings against what he described as clear constitutional violations and financial mismanagement.
“If a satisfactory response is not provided within 10 days, I will be compelled to pursue legal action to hold you accountable for these violations. The continued imposition of illegal taxes and financial mismanagement cannot go unchecked,” Bernard wrote.
Referring to a response provided by the EM during the GHADC session held in March, Marak pointed out that the department had admitted to levying trading license fees—both on tribals and non-tribals—without obtaining the Governor’s approval, as required under Paragraph 8 of the Sixth Schedule of the Constitution.
Marak questioned under whose authority such taxation had been allowed to continue and called the practice illegal, unlawful and unconstitutional.
The BJP leader further expressed concern that GHADC continued to collect revenue through these unauthorised levies while failing to clear over 40 months of salary arrears for its employees.
He argued that the ongoing imposition of taxes without constitutional sanction not only breached legal provisions but also exposed the council to potential legal consequences for financial misconduct.
In his letter, Marak sought specific answers on the legal basis for levying such taxes, the accountability of the EM for violating constitutional rules, and the justification for revenue collection with clearing the salary of the employee.

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