HC asks govt to file affidavit over imposition of AR in KHADC within 1 week

Syllad | The Rising MeghalayaFebruary 27, 2020

The Meghalaya High Court has granted one week’s time to the state government to file affidavit in connection with the recent decision to impose administrator’s rule in the Khasi Hills Autonomous District Council (KHADC).

During the hearing on Wednesday, the Advocate General (AG) A Kumar prays that the records as directed are available for perusal, but however, he has made additional prayer that he may be allowed to file affidavit to counter the averments made in the writ petition.

The court said in view of the circumstances, one-week time is allowed for filing of the affidavit with advance copy to the counsel for the petitioner. The next hearing will be held on March 12.

The petition was filed by the KHADC chief and leader of the United Democratic Front (UDF), Latiplang Kharkongor seeking quashing of the government’s notification to invoke administrator’s rule in the Council.

In the petition, Kharkongor had contested that the notification issued on February 7, for imposing administrator’s rule and appointing of the deputy commissioner as administrator was based on the 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.

Earlier, the court while hearing the matter had maintained that placing of the KHADC under an ‘administrator’ requires expeditious examination.