Shillong Nov 28: Khasi Hills Autonomous District Council (KHADC) Chairman, Pynshngaiñlang N Syiem said that from now onwards, the district council will work and function according to rules and would go to the Governor of the state without passing through the state government.
Syiem said that this after he along with the Chief Executive Member (CEM), Latiplang Kharkongor met the Governor, Tathagata Roy at the Raj Bhavan on Thursday evening.
The CEM also submitted a list of four MDCs to the Governor who would be inducted as Executive Members of the new Executive Committee being led by the CEM. The final list would be submitted soon.
After the meeting, Syiem said that as Governor he wanted that the functioning of the district council which is an autonomous body, should not be interfered with by the state government.
“It was a courtesy visit after the election of the CEM, and after the Governor has approved the name of the CEM. The meeting was delighted and the Governor has made it clear that there is no need to interfere the district council because it is an autonomous body which function according to rules as mentioned in the Assam and Meghalaya Constitution of Autonomous District Council Rules, 1951 (as amended), and as per the provisions of the Sixth Schedule in Article 244 (2),†he said.
In connection with the list of MDCs who should be inducted as Executive Members, Syiem said that the Governor will go as per rules of the Assam and Meghalaya Constitution of Autonomous District Council Rules 1951 (as amended).
When asked if the district council will work only with the Governor from now on, Syiem said, “We cannot go by wrong conventions and practices. As long as rules are there, we have to do so, except when the rules are amended. Anything has to be done as per rules. However in connection with the government, it is only the coordination between the Governor and the government. As appeared in the Sixth Schedule and the Assam and Meghalaya Constitution of Autonomous District Council Rules 1951 (as amended), we have to stick to the rules.â€
On Article 163 that talked about the Council of Ministers giving aid and advice to the Governor, Syiem said that states that have no district councils, the issue is different issue.
“But states that have district councils, we have to go as per Article 244 (2) and see what it says. Even in Article 163 clause 2, it talks about the discretionary power of the Governor which means that the Governor will exercise his discretionary power when it comes to matters related to the district councils as mentioned in the Sixth Schedule and Article 244 (2),†he added.
He said that District Council Affairs (DCA) of the state government is only a department in which the Governor appoints any minister to look after the welfare, and the DCA cannot direct the district councils.
“I think from now on, we have to go as per rules,†he said.
On the state government’s stand that the CEM should be notified by the government, Syiem asked, “Which rules which it say that without the notification of the government, you cannot be the CEM? There is no rule which states that as long as the government has not notified the CEM, he is not the CEM. The rule is very clear especially in the House, where any member elected as CEM, he occupied the CEM chair immediately. This is the convention and practice according to rules. Even for the report, the rule says that the Chairman shall send forthwith to the governor immediately through the deputy commissioner.â€
When asked if bills passed by the Council should go to directly to the Governor, Syiem said that Rule 93 sub-rule 2 has clearly stated that any kind of amendments that did not need the assent of the Governor, should be sent to the DCA. “However for matters that require the assent of the Governor, should be sent directly to him. To seek opinions from the government through the DCA, it is the job of the governor,†Syiem said.
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