Mizoram MLA to challenge SC order on ADC-Assembly dual membership

Mizoram MLA and Chakma Autonomous District Council (ADC) member Rashik Mohan Chakma has announced that he will file a review petition before the Supreme Court challenging its recent judgment on dual membership of ADCs and State Legislative Assemblies.

The proposed review petition relates to the Supreme Court's July 20, 2026 judgment in Civil Appeal No. 9212 of 2026, Rustom Chakma vs The State of Mizoram & Others, concerning dual membership and the issue of holding an office of profit.

According to Chakma, the Supreme Court directed the Chakma and Mara ADCs to restore restrictions on dual membership, observing that all ADCs should have similar provisions barring simultaneous membership of an ADC and the State Legislative Assembly.

Chakma, however, has disputed the observation regarding the Lai Autonomous District Council, claiming that the Lai ADC had already removed the restriction on dual membership in 2010 by repealing its 2002 Constitution and Conduct of Business Rules.

He alleged that this material fact was not brought to the Supreme Court's notice during the proceedings. Chakma further argued that the case was disposed of at the first hearing after notice was issued, leaving him without another opportunity to submit a written response.

He said the review petition would also raise questions concerning the constitutional provisions governing disqualification on the ground of holding an office of profit. According to him, such matters fall within the legislative domain of Parliament and State Legislatures, while the Sixth Schedule does not confer similar law-making powers on ADCs regarding qualification or disqualification of their members.

Chakma further maintained that the Supreme Court's observations could have implications beyond the three ADCs in Mizoram. He said the matter also concerns the other Sixth Schedule autonomous councils, including the Bodoland Territorial Council, Karbi Anglong Autonomous Council and Dima Hasao Autonomous District Council in Assam; the Khasi Hills, Jaintia Hills and Garo Hills Autonomous District Councils in Meghalaya; and the Tripura Tribal Areas Autonomous District Council.

He argued that these councils should also be given an opportunity to present their views on the issue.

Chakma said he intends to seek reconsideration of the judgment on these grounds and place the relevant constitutional and factual issues before the Supreme Court.