Govt may file review petition against HC ruling: Tynsong

Syllad | The Rising MeghalayaJanuary 31, 2020

SHILLONG: Deputy Chief Minister Prestone Tynsong on Friday said the state government may file a review petition against the recent ruling passed by the Meghalaya High Court, which states that the election of the CEM of the KHADC cannot depend upon the notification by the state government.

“We are yet to discuss with the advocate general but if need be, we have to (file a review petition) because this needs to be clarified as if we create precedence like this you know it tantamounts to doing away with the district council affairs (DCA) department,” Tynsong told reporters here.

The Meghalaya High Court in its judgment passed on Tuesday has directed the Governor to notify the appointment of executive members of the Khasi Hills Autonomous District Council following a petition filed by the chief executive member (CEM) Latiplang Kharkongor.

The Court also states the validity of the election of the CEM of the Khasi Hills Autonomous District Council cannot depend upon the contingency of the notification by the state government as this will undermine the autonomy of the district council.

“The process of election is governed by the Rules of 1951, which does not anywhere provide for notification of result of election by the State Government,” the judgment had said.

Tynsong however said notification in the Meghalaya Gazette has to be notified.

“If you say that the communication ends only between the Raj Bhavan and the district councils be it KHADC, JHADC or GHADC, then we have nothing to say on that. but I am just telling you just go back to Para 11 of the Sixth Schedule which has mentioned clearly regulations, rules, bills, passed by the district council, this has to be published in the official gazette,” he said.

“If you say Raj Bhavan and district council will just communicate to each other then this provision which is already there in the Sixth Schedule, who will notify? Whether the government has to notify or otherwise?,” he said.

Stating that he respect the ruling of the High Court, Tynsong however said, “But please also set us straight how do we do from now on and what is the procedure to be done by the government. I will be the happiest person from the government side if DCA department is done away.”

“If they feel that we don’t need department which was already created as far as looking after the running and functioning of the district council, then we can easily do that,” he said.

Tynsong also maintained the stand of the state government to recommend for imposition of Administrator’s Rule in the KHADC.  He said the state cabinet has made the recommendation was to make that flip flop or instability does not continue in the KHADC.