As govt approves bill, petition filed in HC

Shillong, January 7: As the Jaintia hills traditional heads and seven ngos knocked the door of the Meghalaya high court to stop the state government from implementing the delimitation bills in the forthcoming district council elections passed by the Jaintia Hills Autonomous District Council (JHADC) on Tuesday, the state cabinet on the same day approved the delimitation bills setting the stage for election to be fought from the delimited new constituencies.

Meghalaya chief minister Mukul Sangma told reporters after the cabinet meeting on Tuesday that proposed amendment for the delimitation of territorial constituencies under JHADC has been examined by the cabinet and accordingly will recommend it for its  consideration by the state governor KK Paul.

However, the cabinet will be meeting again on Wednesday to decide on the Khasi Hills Autonomous District Council (KHADC) delimitation issue as the cabinet wants more clarifications from the KHADC. On Wednesday, the cabinet is also likely to decide on the dates for holding the elections to the three district councils- JHADC, KHADC and Garo Hills Autonomous District Council (KHADC).

With regard to the approval of the JHADC delimitation bill, Sangma said the government has gone through the whole proposal which also is related to various queries sent to the JHADC in respect of the propose delimitation and accordingly given the approval to the bill.

.With regard to the councils’ election Sangma said this will automatically be discussed tomorrow and cabinet will decide on the time line to issue notifications relating to holding of elections for the three autonomous district councils.

PETITION AGAINST DELIMITATION: Earlier during the day hundred traditional chiefs along with ngos opposed to implementation of the new delimitation bill passed by the JHADC had filed a petition with the Meghalaya high court seeking its intervention to stop the government from implementing the delimitation of constituencies during the forthcoming elections in Jaintia hills.

Around 130 headmen of several villages falling under the two districts – East Jaintia hills and West Jaintia hills districts- and seven ngos have filed a writ petition against the state government and the JHADC in the court of Meghalaya high court chief justice PC Pant on Tuesday.

In the petition the traditional chiefs and ngos said that the manner and mode by which the delimitation of the constituencies of the Jaintia hills district have been sought to be implemented de hors the rules, the principles of natural justice and was done on political consideration.

According to them, under the Delimitation Act, 2002, it is a cardinal principle that – all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience.

“However, the present manner of delimitation has been done in a ‘gerrymandering’ way, to fit the whims and fancy of the individuals that are in the political majority whereby the whole process of delimitation of the constituencies for the election to the JHADC has been usurped by a collected few and power of the delimitation has been abused to achieve an oblique and ulterior motive of the ruling party, whose stake at the upcoming JHADC has caused them to manipulate the process of delimitation within the Jaintia Hills Districts,” the petition said.

It may be mentioned here that the Executive Committee of the JHADC as per direction of the DCA had on September 30, constituted the Delimitation Committee consisting of four members – a chairman, two members and one member secretary.

Alleging that delimitation committee could have been influenced or cajoled by the members of the ruling party into favouring the members of the EC in delimitating the constituencies, the petitioners said, “October 18, last year was kept as the date till which objections, views and opinions were supposed to be entertain in lieu of the draft delimitation of the District Council constituencies yet, no objections, suggestions or otherwise were entertained by the committee in respect of the delimitation process.”

“The delimitation process seemed to proceed in a one track pre-decided  manner sidelining all or any of the objections, propositions, suggestions from any quarter,” the petition stated.

The petition further stated that the dissenting voices of the public during the public hearing conducted on October 23 and 24 last year were subdued and the whole hearing process was a farce.

“The public were not given a fair chance of being heard and the draft delimitation bill was just simply held in the air and shown to the general public,” the petition alleged. It further said the whole objective of the public hearing was trampled upon and the rights of the public to a hearing were turned asunder.”

The petition said that the draft delimitation of constituencies should have been tabled before the floor of the council as a Bill for deliberation and discussion on its feasibility of being passed. But it lamented, “However, this was never done. In fact, further illegalities were perpetuated by the JHADC by bull dozing all the procedures and conduct of business of the Council.” It also said the manner of bringing the Bill to the house is totally unprecedented and contradictory to the practice and procedures followed vis-a-vis the introduction of bill on the floor of the council causing all the members of the opposition to walk out from the house.

Jaintia People’s Movement Forum (JPMF) president Baitlang Pohsngap which is one of the seven ngos who is party to the petition said, “Our writ petition has been admitted by the High Court and it has fixed January 14, as the date of hearing our petition.”

Apart from JPMF, the other ngos includes Jaintia Youth Federation (JYF), Jaintia Students Union (JSU), All Jaintia Youth Welfare Organization (AJYWO), Federation of Khasi-Jaintia and Garo People (FKJGP), Hynniewtrep National People Front (HNPF), and Hynniewtrep Achik National Movement (HANM).- By Our Reporter