Mizoram's Mara council bars members from holding MLA, MP posts simultaneously after SC order

The Mara Autonomous District Council (MADC) in Mizoram has amended its rules to bar its members from simultaneously holding a seat in the state Assembly or Parliament, following a direction from the Supreme Court.

The amendment to Rule 11 was unanimously approved during an emergency session of the MADC on Tuesday, an official said.

With the amendment, a person holding membership of the MADC will have to give up the council position if elected to the Mizoram Legislative Assembly or Parliament, and vice versa.

The move follows the Supreme Court's July 20 judgment, in which it set aside a Gauhati High Court order that had upheld amendments made by the Chakma and Mara councils removing the restriction on dual membership.

The Supreme Court had directed the two councils to reconsider their rules and restore the bar on simultaneous membership within three months.

Supreme Court stresses parity among Mizoram's ADCs

The case originated from a petition filed by Rustom Chakma, a social worker from Lawngtlai in southern Mizoram, after the Gauhati High Court dismissed his plea seeking a prohibition on simultaneous membership of an Autonomous District Council and the state Assembly.

In its February 4 judgment, the Gauhati High Court had held that Articles 101 and 190 of the Constitution, which deal with simultaneous membership of Parliament and state legislatures, did not expressly prohibit a person from simultaneously being a member of an ADC and a state Assembly.

The Supreme Court, however, held that the autonomous district councils in Mizoram should be placed on an equal footing with regard to the restriction on dual membership.

It noted that while the Chakma Autonomous District Council (CADC) and MADC had removed the restriction, the Lai Autonomous District Council continued to retain it.

In August, the CADC also amended its rules to bar its members from simultaneously holding a seat in the Mizoram Legislative Assembly.

The MADC's latest amendment restores the restriction in the Mara council in line with the Supreme Court's direction.