NEHU declares election of NEHUTA ‘null and void’

Syllad | The Rising MeghalayaAugust 10, 2020

The North-Eastern Hill University (NEHU) has declared the election and the executive committee of the NEHU Teachers’ Association (NEHUTA) for the term 2020-2021 as unconstitutional and null and void.

“…the Notification dated 29th May 2020, signed by ex-President Prof. XP Mao purportedly as President, NEHUTA and ex-General Secretary Dr MM Khymdeit as General Secretary notifying the members of the Election Committee (for election of office Bearers / Members of NEHUTA Executive Committee 2020-21) stands null and void and amounts to manipulation / misrepresentations and is in violation of NEHUTA Constitution,” NEHU public relations officer (PRO) G Umkor said in a statement issued here on Monday. 

Umdor said despite several directives, the NEHUTA continues to hold office unconstitutionally and also sending communication to university, media and others.

The term of the Executive Committee (2019-2020) has already expired (early May, 2020) in accordance with the Clause 8 of the Constitution of NEHUTA. 

Further, Regulation 2 of NEHUTA Constitution states – “The Executive Committee shall recommend constitution of an Election Committee of five members including the convener and present the same 

to the General Body of the Association in its first meeting for its Consideration and approval. The Election Committee shall be notified after approval of the General Body.

(ii) The Election Committee shall be responsible for conducting Elections to any vacancy that may arise during the year and also the new Executive Committee that shall have to be constituted at the end of the term of the incumbent Executive Committee.”

He said clause 8 states that the term of office of the EC shall be one year.

“If at the end of the year, a new EC could not be constituted because of any unavoidable situation, the incumbent EC shall continue to hold office in care taker capacity till the next EC takes over. The matter shall, however, have to be subsequently reported to the General Body for approval”

“An online meeting could have been held for approval by the general body before the expiry of the term of the previous Executive Committee (2019-2020) regarding the next Election Committee / continuation of the earlier Executive Committee (2019-2020) in care taker capacity,” PRO said. 

Umdor further pointed out that NEHUTA Constitution cannot override the NEHU Act and Statute, and the NEHUTA Constitution is subservient to the NEHU Act. 

According to Statute 44 of the NEHU Act and Statute, the Teachers’ Association has been established and its functions should be in accordance with the provisions of said Statute 44.

With regards to statutory provisions pertaining to Employees Associations of the Statute 44, the PRO said that the University may derecognise or suspend recognition of an association for any good and valid reason including breach of conditions of the constitution, the violation of the provisions of the Act, Statutes or Ordinances of the University.

Any unconstitutional activity on the part of EC / NEHUTA, and also any action by EC / NEHUTA which damages the image of the University may invite invoking of Statute 44 (4).

“Thus, keeping in view the provisions of NEHUTA Constitution / Regulation, it is established that the Election Committee is invalid and the Executive Committee 2020-21 is unconstitutional and null and void. Further, any communication sent by the NEHUTA office bearers to the University / anywhere, including media, and also any meeting / proceedings of the meeting of General Body / EC after 7.5.2020 has no locus standi,” he stated.