Bringing KHADC under administrator’s rule requires expeditious examination: HC

Syllad | The Rising MeghalayaFebruary 17, 2020

SHILLONG: The Meghalaya High Court on Monday said that placing of the Khasi Hills Autonomous District Council (KHADC) under an ‘administrator’ requires expeditious examination.

“This instant matter involves imposition of Article 16(2) of the Sixth Schedule of the Constitution of India by notification dated 07.02.2020, placing the KHADC under an ‘Administrator’. In view of the circumstances as stated, the matter requires expeditious examination,” Justice HS Thangkhiew said in his order while hearing a petition seeking quashing and setting aside of the notification here.

Justice Thangkhiew has also ordered listing of the matter on February 26, for admission hearing.

The petition challenging the government’s decision to impose administrator’s rule in the KHADC was filed by the Council chief and UDF leader Latiplang Kharkongor on February 11.

The petition had said that the notification issued on February 7, for imposing administrator’s rule and appointing of the deputy commissioner as administrator was based on alleged political instability and frequent changing of allegiance by the elected members of the KHADC.

“…there was no material before the Governor to come to a satisfaction warranting invocation of powers under 16 (2) of the Sixth Schedule of the Constitution of India. Such powers having been exercised capriciously and arbitrary, is therefore illegal and resultantly the impugned notification dated February 7 is liable to be quashed and set aside,” the petition said.