Shillong, March 10: The High Court of Meghalaya on Tuesday quashed the order of the Executive Commitee of GHADC on making it mandatory for the candidates to produce ST certificates for filing of nominations to contest the GHADC polls.
The order of the Single Bench headed by Justice H.S.Thangkhiew, said”, The impugned notification, apart from other considerations discussed above, to have effect in law would also have to pass the rigours of Rule 72, which provides for the manner in which Rules are to be made by the District Council, which compulsorily require the approval of the Governor, before the same becomes law. A perusal of Rule 72, would show that under the Rule making powers of the District Council, the Rules shall be drafted by the Executive Committee and thereafter, be placed before the District Council in session for onward process before the District Council Affairs Department and finally for assent before the Governor. The impugned notification, in the considered view of this Court, would amount to only the first stage being completed i.e., at most to only a proposal which would necessarily also have to be correspondingly accompanied with proposed amendments to Rule 8 and Rule 128 of the Rules of 1951. In view of the above stated facts, circumstances and the interpretation and application of law, the impugned notification therefore, cannot pass legal scrutiny and as such, is accordingly set aside and quashed”.
