SHILLONG,DEC 6: Khasi Hills Autonomous District Council (KHADC) is bracing to file a ‘contempt-petition’ against the Shillong Municipal Board (SMB) for its alleged violation of the Apex Court ruling by illegally issuing notices directing both tribal and non-tribal traders operating businesses within the KHADC jurisdiction to obtain trading license from the munical office.
KHADC’s Chief Executive Member (CEM) Pynshngainlang N Syiem assured a delegation of different villages which was led by Chairman of the Advisory Committee Administrative Reform (ACAR) of KHADC and MDC Sanbor Shullai, who is also a legislator, seeking KHADC immediate intervention into SMB encroachment into its jurisdiction.
The delegation petitioned against SMB to Syiem on Friday pointing issuance of notification by the SMB to traders under KHADC jurisdiction.
“The CEM has assured that he would soon direct for preparation of the contempt of Supreme Court ruling by the SMB,” Shullai, who is also the state deputy speaker, told reporters after the meeting. He informed that the CEM will soon write a letter to the SMB Chief Executive Officer (CEO) directing him to immediately withdraw the notification from the council’s jurisdiction.
According to Shullai, this is the third time the SMB started to issue such notification this year to the traders directing them that they required to obtain a business license from its office which is totally illegal and a violation of the Supreme Court order passed way back in the year 1999.
Earlier, the first and second notifications from the SMB were issued in 2006 and 2011 but were put to stop after the council’s intervention.
In the ruling of the Supreme Court in 1999 given after a petition was filed by Non Tribal Youth Union (NTYU) against the KHADC, it clearly stated – “That Shillong Municipal Board is only the ‘civic organization’ who can make/regulate or by laws or exercising powers, but only for ‘health’ and ‘sanitation’. But as far as the issue of trading license is concerned, it is only the authority of the KHADC who have the power to issue trading license as per the ‘United Khasi Jaintia Hills District (Trading by Non Tribals) Regulation Act 1954 and 1959, as enshrined within the Sixth Scheduled of the Constitution of India. Tribal traders are exempted by this act and they are free to carry on their trades or business without trading license.”
Terming the action of the SMB a deliberate challenge undermining the jurisdiction and power of KHADC Shullai said, “This indicates the motive and intention not to honour and respect the judgment of the Supreme Court which had already given its judgment on the issue.” He said the delegation has urged the KHADC authority to look into the matter and restrain the SMB from trying to encroach on the power of KHADC.
Shullai also questioned as to how tribal traders can apply for trading license when the Supreme Court order has indicated that they (tribal) are totally exempted from the purview of the Trading by Non-Tribal Regulation Act.- By Our Reporter
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