HC directs Meghalaya Governor to notify appointment of EMs in the KHADC

Syllad | The Rising MeghalayaJanuary 28, 2020

SHILLONG: The Meghalaya High Court has directed the Governor to notify the appointment of the executive members (EMs) of the Khasi Hills Autonomous District Council (KHADC) as per the advice of the chief executive member (CEM).

The judgment was passed by the Chief Justice Mohammad Rafiq on Tuesday in favour of a writ petition filed by Latiplang Kharkongor, who was elected as the new CEM on November 22, last year.

Kharkongor, who is leading the United Democratic Front (UDF), had advised the Governor of the state to appoint four MDCs – Mitchel Wankhar (NPP), Macdalyn Sawkmie Mawlong (PDF), Lamphrang Blah (INC) and Ronnie V Lyngdoh (INC) as the EMs of the KHADC on November 27, 2019.

He subsequently vide letter November 29, 2019 also advised the Governor to appoint Grace Mary Kharpuri (Nongshken) as the deputy chief executive member in the executive committee of the KHADC.

The CEM decided to seek the intervention of the High Court since no action was taken on the recommendation made by him for quite sometime.

The Court in its judgment said a detailed analysis of the Rules of 1951, makes it clear that the princples of the Cabinet system of the government are ingrained in its various provisions, especially Rule 20, according to which it is the prerogative of the duly elected CEM of the Council to choose the Deputy CEM and other members of the executive committee adding that in the event of such advice, the Governor has to appoint person/persons of his choice accordingly.

“This provisions is analogous to Article 75 of the Constitution, which vests the authority in the Prime Minister to advice the President to appoint other Ministers and Article 164 of the Constitution, which similarly empowers the Chief Minister to advice the Governor to appoint the other Ministers. Both these constitutional provisions do not leave any discretion with either the President or the Governor, as the case may be, as to the choice of the persons to be appointed as Ministers,” it said.

“In view of the afore-discussed law, it must be held that on the advice being rendered by the petitioner in his capacity as the CEM, for appointment of one Deputy Chief Executive Member and four executive members of the executive committee of the KHADC, the Governor of the State of Meghalaya does not have any discretion to withhold their appointment and has no option but to notify their appointment acting on such advice. Having regard to the conclusion that has been arrived at following the above discussion, this petition deserves to succeed and is accordingly allowed,” the judgment added.

The Court also directed the Secretary to the Governor of Meghalaya, Raj Bhawan, Shillong to place the relevant file before the Governor of the state for issuance of the formal orders accordingly.