GHADC ELECTIONS
From Our Correspondent
TURA, March 2: Enamul Haque, an aspiring candidate for the Balachanda constituency in the upcoming GHADC elections, has raised constitutional objections to a February 17 notification mandating the production of a Scheduled Tribe (ST) certificate to contest Council elections.
In a statement to the media, Haque argued that the notification issued by the Chief Executive Member (CEM) violates established legal practices. He noted that since the District Council’s inception in 1952, non-tribal citizens have contested elections in unreserved constituencies.
“I contested the 2021 GHADC election from the same constituency without any statutory impediment. This sudden notification represents an unprecedented departure from settled constitutional and electoral practice,” Haque said.
The aspirant challenged the GHADC’s reliance on Paragraph 11 of the Sixth Schedule for the order. He clarified that Paragraph 11 only outlines how laws and regulations take effect upon publication in the Official Gazette; it does not grant the Council authority to prescribe new qualifications or disqualifications for membership.
Haque further asserted that the legislative competence of a District Council, enumerated under Paragraph 3 of the Sixth Schedule, covers specific subjects such as land, forests, and social customs, but does not include election qualifications. He argued that introducing new eligibility criteria through an executive notification amounts to an assumption of power not granted by the Constitution.
Under Paragraph 2(6) of the Sixth Schedule, the Governor is empowered to frame rules regarding the constitution of District Councils. Haque pointed out that the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, do not bar non-tribal residents from contesting elections, except for reserved seats.
“It is a settled constitutional principle that executive instructions cannot override or amend statutory rules. Any alteration in election qualifications must be carried out through a lawful amendment of the governing Rules with requisite approval,” he stated.
With nominations beginning on March 9 and polling scheduled for April 10, Haque argued that changing eligibility criteria at this late stage violates the principle that the “rules of the game” cannot be altered once the electoral process has begun. He described the move as arbitrary and a violation of Article 14 of the Constitution.
Haque concluded that the issue is a matter of constitutional governance and democratic fairness that warrants urgent scrutiny.
