SHILLONG, NOV 18: Traditional headmen have served an ultimatum till the first week of next month to the state government to invite them for talks on the much-delayed passing of the KHAD (Village Administration) Bill 2015.
The decision was taken at the general body meeting of the Synjuk Ki Nongsynshar Shnong Ka Bri U Hynniewtrep (SNSBH) held at the community hall of Jaiaw Lumpyllon here in the city on Saturday.
It may be mentioned here, the Village Administration Bill was passed by the Khasi Hills Autonomous District Council (KHADC) in 2015 to empower the traditional institutions and their heads.
However, the Village Administration Bill has been lying pending for approval of the Governor. The former Governor, V Shanmuganathan had instead forwarded the Bill to the Ministry of Home Affairs (MHA), which was alleged to be unprecedented.
The MHA after examining the VAB had raised 12-point queries in its letter to the state government. The KHADC on the other hand claimed that it had already submitted the replies on the queries of the ministry to the state government but is yet to get any response.
But both the KHADC and the Synjuk are still being kept in the dark till today as to whether the state government had forwarded the replies of the KHADC to the MHA.
Speaking to reporters after the meeting, SNSBH chief Werlock Kharshiing informed that the meeting has resolved that the Synjuk will seek an appointment with the state government and also the KHADC on the status of the VAB.
“We will give time to the state government to invite the Synjuk for talks within the first week of next month. We will also meet the KHADC chief to discuss on the possible steps required to be taken on the issue,” Kharshiing said.
Recalling the meeting held between the state government and the Synjuk on August 31, last year, he said that the chief minister Mukul Sangma had assured that he would convene another meeting involving the KHADC and the Synjuk to disccuss on the way forward.
It may be reminded, Sangma after the August 31, 2016 meeting had suggested the KHADC to recall the VAB and take up necessary measures to amend certain conflicting provisions and pave way for the same to become an Act.
However, the KHADC under the leadership of the incumbent CEM PN Syiem had maintained that it is not ready to recall the VAB as it is still waiting for the response of the MHA with regards to its replies on the 12-point querries.
Asked, Kharshiing said, “It is unfortunate to say that till today the state government has not taken any initiative to write to the KHADC on the matter pertaining to its suggestion of recalling the VAB.”
On the other hand, SNSBH general secretary RL Blah said that the delay in the passing of the VAB is due to the lack of “political will” on the part of the state government.
“If the state government has the political will then there will no problem for it to invite the KHADC for discussion. But the fact is that the chief minister and the chief executive member can never merge together,” he said adding “We had also volunteered to be as mediator between the state government and the KHADC as our main objective is to ensure the Bill gets the approval to become an Act during the meeting held last year.”
Slamming the governor’s role in delaying the passage of Bill, Blah said that the governor had failed to act as per Para 3 of the Sixth Schedule to the Constitution of India which clearly states that “it is his (governor) prerogative to approve or disapprove a Bill”.
“The governor who had granted assent to the VAB passed by the JHADC in December, 2015, is the same person who had instead forwarded the VAB passed by the KHADC to the Ministry of Home Affairs,” he said.
Echoing similar views, Kharshiing said that the Synjuk will also suggest the KHADC chief to question the decision of the governor to send the Bill to the MHA.
According to him, the governor is supposed to take a call on whether to give his approval and if he can’t he should have sought the suggestion of the state government.
Whether the Synjuk would also meet the newly appointed governor Ganga Prasad, Kharshiing however said that they would take a call only after meeting the state government and the KHADC.
Reacting to a query, the Synjuk’s president said that the KHADC had informed earlier that it had already attended to the queries raised by the MHA and the same was submitted to the state government for communication to the ministry concerned.
“Whether the replies on the querries submitted by the KHADC have been forwarded to the MHA is not known to us,” he said.
Asked on who should the blame go to either the state government or the KHADC, the general secretary said that the Synjuk is grateful to the KHADC for the interim order passed by the Supreme Court after it had filed the special leave petition.
In its order passed on February last year, the Supreme Court had stated that “traditional headmen can perform their duties and exercise their powers conferred to them as per rules under the framework of the Sixth Schedule of the Constitution.”
This order came after the KHADC filed the Special Leave Petition against January 13, 2016-order passed by the Meghalaya High Court directing the state government to frame uniform laws for the traditional chiefs.
“The chief minister in the last meeting had also assured that the state government would also file a petition challenging the High Court’s order but till date nothing was done in this regard,” Kharshiing said.
He however said with the matter pending for the final ruling of the Supreme Court, things cannot be taken for granted and therefore there is a need to find ways and means to ensure the Bill gets the governor’s nod at the earliest.
Appealing to all concerned on the need to set aside all political differences, Blah said it is high time that the state government and the KHADC to take collective responsibility through mutual understanding in addressing the problem faced by the traditional headmen.
By Our Reporter
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