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News at Glance

KHADC CEM hails High Court ruling

Latiplang Kharkongor
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Shillong, Jan 28: Chief Executive Member (CEM) of the Khasi Hills Autonomous District Council (KHADC), Latiplang Kharkongor hailed the judgment passed by the Meghalaya High Court on Tuesday, which directed the Governor to notify the appointment of the executive members (EMs).

The Congress which is supporting Kharkongor also slammed the state government for “creating instability” in the KHADC.

“It is a very good judgment and we expressed our gratefulness to the Court. We hope that the Governor will speed up in notifying the list of EMs,” Kharkongor told reporters on Tuesday, soon after the Court announced its ruling in favour of a writ petition filed by him.

Kharkongor, who is also chairman of the United Democratic Front (UDF) backed by the Congress, had proposed the name of Nongshken MDC Grace Mary Kharpuri as deputy chief executive member and four EMs – Mitchel Wankhar (NPP), Macdalyn Sawkmie Mawlong (PDF), Lamphrang Blah (Congress) and Ronnie V Lyngdoh (Congress) – for approval of the Governor last year.

“The judgment is a reflection that everything was done as per the AD Rules and provisions of the Sixth Schedule,” he said.

He also informed that once the governor approves the first list, he would immediately submit the names of the other executive members (EMs).

With Kharpuri reportedly extending her support to the United Democratic Alliance (UDA), the KHADC chief however said, “We welcome her (to join us back) and the door is open as we have already submitted her name for the Deputy CEM post but it depends on her.”

Slamming the state government for playing politics with the issue by declaring that the KHADC is without a CEM, Kharkongor said, “With this judgment it only proves that the government has failed. From the beginning I have maintained that I was elected in the floor of the House and also got the approval of the governor. This is purely politics on the part of the government. Just because we are not in the same party, they refused to notify the election of CEM and list of EMs.”

“We are not under the 7th Schedule and there is no provision in the Sixth Schedule that the governor has to act on the advice of the council of ministers (for approving the election of CEM or list of EMs),” he added.

Kharkongor also stated that the ruling of the Court also reflects that the District Council Affairs department of the state government really lack knowledge about the AD Rules.

On the UDA’s claim to have the support of 16 MDCs, the CEM said they have been claiming this for the past two months and yet they do not dare to come in the floor of the House to prove it.

“If they really have the majority, they should prove it in the floor of the House because you cannot just claim outside the House,” he said.

Congratulating the CEM, Congress MDC from Rambrai Jyrngam Bajop Pynrope, while recalling the events that led to the present crisis, blamed the state government for encouraging instability in the KHADC.

Terming the Court’s ruling as big blow to the state government, KHADC chairman, P N Syiem said, “It is a big embarrassment to the government as it only reflects that they absolutely do not understand the AD Rules at all.”

He said the ruling is also a landmark judgment as it has clearly highlighted the role of the CEM and the district council.

“We are happy that the word autonomous has been translated into reality in which no powers can interfere with the affairs of the district council,” Syiem said.

The chairman also blamed the state government for spoiling the functioning of the KHADC by delaying the appointment of the EMs. “However today’s judgment is clear that the governor has to act on the advice of the CEM,” he said.

He said the question that the CEM is yet to be notified by the state government also does not arise now with the Court directing the governor to approve the list of EMs.

To a question, Syiem said, if Kharpuri rejects the offer of the UDF, the CEM will again write to the governor officially to drop her.

On the state government’s decision to impose administrator’s rule, the chairman of the KHADC said the proposal is without any justification. “The governor cannot impose administrator’s rule as we have not violated the rules,” he said.

“The first recommendation of the state government was that how chairman can convene the CEM election without approval of the governor. But we have clarified to the governor that if the CEM resigns outside the House, it is duty of governor to fix date of the election but if he is removed inside the House as per Rule 22 (2), the chairman is empowered to conduct the election of CEM within 48 hours. Therefore, the recommendation of state government does not stand. Again in its second recommendation, the government questioned as to how the chairman forwarded the proceeding through the DC and not the DCA as per Rule 21 but normal proceeding yes we sent through DCA as per the rule but the election proceedings we have to sent through DC,” Syiem said.

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2020-01-28