By Our Reporter
SHILLONG, March 8: State BJP vice president and Tura MDC Bernard N Marak has petitioned Meghalaya Governor CH Vijayashankar to protect the definition of “permanent resident” under the rules governing the Garo Hills Autonomous District Council (GHADC).
In a representation dated March 7, Marak urged the Governor to safeguard constitutional provisions under the Sixth Schedule and ensure that the rights of indigenous Scheduled Tribes (STs) in the Garo Hills are not diluted through misinterpretation of residency rules.
Citing the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, Marak noted that candidates for council elections must be Indian citizens, at least 25 years old, and eligible to vote.
Under Rule 128, individuals not belonging to a recognised Scheduled Tribe are only entitled to vote if they are “permanent residents” within the autonomous district.
Marak clarified that the rules define a permanent resident as someone who has established a fixed habitation with their family or a permanent home and has resided in the district continuously for at least 12 years.
The MDC highlighted a distinction between permanent and temporary residents. He stated that permanent residents must have their habitation certified by a Nokma in A’king lands or by GHADC authorities in plain areas. In contrast, holders of periodic lease pattas—generally issued for 10 years and subject to cancellation—are considered temporary residents.
Marak argued that such temporary leaseholders cannot claim permanent resident status or the right to vote and contest elections. He also defended the GHADC Executive Committee’s recent notification making ST certificates mandatory for filing nominations, stating it is consistent with existing rules and should not be challenged by temporary residents.
He concluded by urging the Governor to uphold the Sixth Schedule to ensure the protection of indigenous communities while implementing the district council’s electoral provisions.
