Shillong, March 11 The Meghalaya High Court has struck down a notification issued by the Garo Hills Autonomous District Council, making Scheduled Tribe certificates mandatory for election nominations, and observed that it bypassed proper legislative procedures.
The notification, issued by the chief executive member of the council following a resolution of the Executive Committee last month, sought to bar non-tribals from contesting the upcoming GHADC elections.
The petitioner, a voter, challenged the notification, arguing that it violated the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, which govern voter and candidate qualifications.
During the hearing on Tuesday, senior counsel for the petitioner said the notification "de-franchised legitimate non-tribal voters and candidates without amending the relevant rules", and "lacked approval from the District Council and the Governor as required under Rule 72 of the 1951 Rules".
The counsel also highlighted that non-tribals have historically participated in elections and served as council members since its inception in 1952.
The GHADC argued that the notification was aimed at protecting tribal interests amid demographic changes and relied on the emergency powers of the Executive Committee.
However, the high court noted that the Executive Committee could only propose rule changes, which must be approved by the District Council and the Governor before taking effect.
"The notification cannot pass legal scrutiny and is set aside and quashed," the court said, disposing of the writ petition.