SHILLONG, JAN 8: The spar between the state government and the The Khasi Hills Autonomous District Council (KHADC) do not seem to ebb as KHADC called the advice of the Mukul Sangma led Congress coalition government on appointment of Irene Lyngdoh as the council’s nominated MDC to Governor V Shanmuganathan as “illegal” and “unconstitutional” and urged him to disregard the it.
KHADC termed the state government’s advice in the matter of appointment of a nominated member of KHADC as “illegal” and “unconstitutional”.
“In the circumstances we urged the governor to disregard the advice of the council of ministers of the state in the matter of appointment of nominated member of the KHADC,” KHADC chief executive member Pynshngainlang N Syiem said in a memorandum to the Governor on Friday.
The state government had decided to forward Lyngdoh’s name as KHADC nominated MDC after the Governor had sent back the proposal suggesting two names – J Reenbohn, a retired District Council Court Judge, who was proposed by the KHADC and Irene Lyngdoh proposed by the government.
However on Thursday, the state cabinet again decided send back Lyngdoh’s name as KHADC nominated MDC to the governor which has irked KHADC.
According to Syiem, Under Rule 6 (1) of the Assam and Meghalaya Autonomous Districts (Constitution of District Council) Rules, 1951 read with Paragraph 2(1) of the Sixth Schedule to the Constitution, the power to appoint the nominated members is vested with the Governor.
Syiem, however, said, “The Governor is not obliged to take the aid and advice of the council of ministers of the state nor is bound by their aid and advice in exercise of such powers of appointment of the nominated member of a district council under the Sixth Schedule read with the Assam and Meghalaya Autonomous Districts (Constitution of District Council) Rules, 1951.”
Terming the recommendation of the state cabinet as illegal and unconstitutional, Syiem said, “Under the scheme of the Constitution, the Sixth Schedule and the Constitution of District Council, such an aid and advice by the council of ministers in the matter of appointment of a nominated member of KHADC is illegal and unconstitutional.”
Syiem also referred to the press release issued by the Press Information Bureau, Government of India where the Ministry of Law and Justice has examined the matter in detail and has also obtained the opinion of the Attorney General of India which says that – “in performance of the functions and exercise of powers under the Fifth Schedule, the Governor is not bound by the aid and advice of the council of ministers of the state”.
Syiem said, “The legal position is same with regard to performance of the functions and exercise of powers by the Governor under the Sixth Schedule.” –By Our Reporter
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