UDF to challenge CEM, Chairman elections in KHADC

Syllad | The Rising MeghalayaMarch 14, 2020

The United Democratic Forum (UDF) has decided to challenge the order of the Governor Tathagata Roy for holding of elections to the posts of chief executive member (CEM) and chairman of the Khasi Hills Autonomous District Council (KHADC).

This came a day after the administrator’s rule, which was imposed for the past one month in the KHADC, was revoked after the United Democratic Alliance (UDA)-led by the UDA had stake claim to form the new executive committee in the Council.

A notification issued by the Commissioner & Secretary in-charge of District Council Affairs (DCA) A Mawlong on Friday had informed that the Governor has decided to summon a meeting of the KHADC on March 17 and 18, for holding the elections of the chairman and CEM respectively.

Terming the Governor’s decision to be outside the rules and regulations, KHADC chairman Pynshngain N Syiem questioned as to how elections for the two posts can be held when there is no vacancy at all.

He cited as per Rule 32 of the AD Rules, election shall be conducted only when there is vacancy.

Syiem also declared that UDF leader Latiplang Kharkongor as CEM along with him as Chairman and Alvin Sawkmie as Deputy Chairman have the right to continue in their respective posts since they are elected and are yet to be removed.

“We are elected and not appointed by the Governor. The Governor has no discretion to go against the elected body. Therefore my stand is very clear, we have not been removed legally, constitutionally and provisionally,” he said.

Syiem, who is also a former CEM, said that Rule 21 of the AD Rules is very clear in as far as the process of removal of the CEM and Chairman is concerned.

“Removal of the CEM arises when his term as MDC has expired or when he resign or removed through a no-confidence motion. Similarly, the Chairman will have to vacate his office if his term as MDC has expired, in case he resign or if he is removed by a resolution as per Rule 107,” he said.

“But till today both the CEM and Chairman are yet to resign or have they been removed as per rules,” he added.

Asked, Syiem said that they are preparing to challenge the decision of the Governor before the Meghalaya High Court on the ground that it was not based as per rules or the provisions of the Sixth Schedule.

“We have no other option but to approach the Court for justice and ensure such arbitrary decision is revoked,” he said while maintaining if the process is being done as per rules, they will happily accept without any hesitation.

Further, the former KHADC chief said that the decision of the MDA government to revoke the administrator’s rule only reflects that they have accepted the stand of Kharkongor as CEM that the imposition of administrator’s rule was totally wrong and was without any justification.

Kharkongor had earlier challenged the government’s notification for invoking the administrator’s rule in the KHADC and the matter is still lying pending before the Meghalaya High Court.

To a question, the KHADC chairman however said they would leave it to the wisdom of the high court and would wait for its verdict on the matter.

He further reiterated that Kharkongor is still the CEM, who is elected by the House, unlike the chief minister who is being appointed by the governor.

“Kharkongor is still the CEM even during the period of administrator’s rule as his position is an elected post and I am also still the chairman of the KHADC,” he said.