Meghalaya HC quashes GHADC order barring non-tribals from contesting council polls

The Meghalaya High Court has quashed a notification issued by the Garo Hills Autonomous District Council (GHADC) that made Scheduled Tribe (ST) certificates mandatory for candidates contesting the upcoming council elections.

The court observed that the notification bypassed proper legislative procedures and therefore could not stand legal scrutiny.
The notification, issued by the chief executive member of the council following a resolution of its Executive Committee last month, sought to bar non-tribal candidates from contesting the GHADC elections.

A voter had challenged the order in court, arguing that it violated the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, which govern the qualifications of voters and candidates in district council elections.

During the hearing on March 10, senior counsel for the petitioner argued that the notification effectively “disenfranchised legitimate non-tribal voters and candidates without amending the relevant rules”.

The counsel also pointed out that the move lacked the required approval from the District Council and the Governor under Rule 72 of the 1951 Rules.

It was further highlighted that non-tribals have historically participated in elections and served as council members since the establishment of the GHADC in 1952.

Defending its decision, the GHADC argued that the notification was aimed at protecting tribal interests in view of demographic changes and invoked the emergency powers of its Executive Committee.

However, the high court noted that the Executive Committee can only propose changes to rules, which must then be approved by the District Council and the Governor before they can take effect.

“The notification cannot pass legal scrutiny and is set aside and quashed,” the court said while disposing of the writ petition.