Meghalaya High Court
Date Of Decision: 10.03.2026 vs The State Of Meghalaya on 10 March, 2026
Author: H.S.Thangkhiew
Bench: H.S.Thangkhiew
2026:MLHC:166
Serial No.02
Supp List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C). No. 93 of 2026
Date of Decision: 10.03.2026
Shri. Enamul Hoque,
Son of Late Haji Kolim Uddin,
Resident of village Namabilla,
P.O- Haripur, P.S. Rajabala,
West Garo Hills, Meghalaya.
...Petitioner
-Versus-
1. The State of Meghalaya, represented by
The Chief Secretary, Government of
Meghalaya, Shillong.
2. The Commissioner & Secretary to the
Government of Meghalaya, District
Council Affairs Department, Shillong,
Meghalaya.
3. The Principal Secretary to the Governor
of Meghalaya, Shillong.
4. The Deputy Commissioner/Returning
Officer, Tura, West Garo Hills.
5. The Garo Hills Autonomous District Council,
Represented by its Secretary to the Executive
Committee.
6. The Chief Executive Member, Garo Hills
Autonomous District Council, Tura.
...Respondents
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Coram:
Hon'ble Mr. Justice H.S.Thangkhiew, Judge
Appearance:
For the Petitioner/Applicant(s) : Mr. K.Paul, Sr. Adv. with
Mr. S.K.Hassan, Adv.
Mr. A.H.Hazarika, Adv.
Mr. S.Chanda, Adv.
Mr. S.A.Sheikh, Adv.
Ms. M.Rahman, Adv.
For the Respondent(s) : Mr. A.Kumar, AG with
Ms. S.Laloo, GA for R 1-4.
Mr. S.Dey, Adv. for R 5 & 6.
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. This writ petition has been filed assailing a notification dated 17-02-
2026, issued by the Chief Executive Member, GHADC pursuant to a
resolution arrived at in a meeting of the Executive Committee held on 09-
02-2026. By the impugned notification, the submission of a Scheduled Tribe
Certificate was to be treated as a compulsory requirement at the time of
filing nomination papers for election as member to the Garo Hills
Autonomous District Council. The grievance of the writ petitioner, who is
stated to be a voter is that by the impugned notification, the respondents No.
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5 & 6, by way of an executive order, cannot de-franchise legitimate non-
tribal voters as this would be in violation of the Assam and Meghalaya
Autonomous Districts (Constitution of District Councils) Rules, 1951,
which had been framed under paragraph 2 (6) of the Sixth Schedule by the
Governor. The prayer therefore, is for quashing and setting aside the
impugned notification dated 17-02-2026.
2. Mr. K.Paul, learned Sr. counsel assisted by Mr. S.K.Hassan, learned
counsel on behalf of the petitioner, has submitted that the notification dated
17-02-2026, is without any authority of law, inasmuch as, para 2 (6) of the
Sixth Schedule, has vested the Governor while making Rules for the first
constitution of District Councils under Sub-rule (c) & (d), with the power to
lay down the qualifications for voting and qualifications for being elected to
the District Council. He further submits that the Assam and Meghalaya
Autonomous Districts (Constitution of District Councils) Rules, 1951,
framed under para 2 (6) at Rule 8 thereof, has prescribed the qualifications
for membership which amongst other conditions at Rule 8 (c) prescribes that
a person would be qualified if he is entitled to vote at the election of
members of the District Council of the Autonomous District. Further, Rule
128, he submits, provided the qualifications for electors and that a person
not belonging to a Schedule Tribe would not be entitled to vote unless he is
a permanent resident within the territorial limits of the said Autonomous
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District. The petitioner, he submits being a voter, would therefore surely be
eligible to contest the elections.
3. Coming to the impugned notification, the learned Sr. counsel has
submitted that the respondents No. 5 & 6, have exceeded their jurisdiction
and powers, inasmuch as, the impugned notification even if adopted by a
resolution as per the mandate of Assam and Meghalaya Autonomous
Districts (Constitution of District Councils) Rules, 1951, would have to
undergo a process as provided in Rule 72, and should necessarily have the
approval of the Governor. In the instant case, he submits, the respondent No.
5, on a resolution by the Executive Committee, without the same being
placed before the House i.e., the District Council has sought to bring about
a change in the Rules, which has adversely affected non-tribal voters and
aspiring candidates. Historically, he submits, since the inception of the
District Council and the framing of the Rules, non-tribals who have featured
in the voters list, have freely voted and served as members of the Garo Hills
Autonomous District Council till date. The sudden change sought to be
brought about by the impugned notification, he submits, without any
legislative approval is therefore incompetent and unjustified. The learned Sr.
counsel in support of his submissions, has placed reliance upon a decision
of the erstwhile jurisdictional High Court i.e., Gauhati High Court in the
case of Upendra Reang vrs. State of Tripura & 10 Ors. (1995) 3 Gauhati
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Law Reports 307, wherein it has been held that Rule 6 of the Tripura Tribal
Areas Autonomous District Council (Constitution and Election) Rules,
1985, which is similar to Rule 8 of the Assam and Meghalaya Autonomous
Districts (Constitution of District Councils) Rules, 1951, was not violative
of paragraph 2 (6) of the Sixth Schedule to the Constitution of India. He
lastly submits that the law being clear, the impugned notification being
illegal, is liable to be set aside and quashed.
4. Mr. S.Dey, learned counsel for the respondents No. 5 & 6, in reply to
the arguments, has submitted that the Sixth Schedule and Article 244 (2) of
the Constitution, clearly envisages that the same is for the purposes of
administration and governance of tribal areas in the states of Assam,
Meghalaya, Tripura and Mizoram. It is submitted that as there has been a
demographic explosion, whereby the rights of the indigenous tribal
population need to be further protected, the respondents No. 5 & 6 had
issued the impugned notification by exercising powers under Rule 29 (a)
and (b) and Rule 30 of the Assam and Meghalaya Autonomous Districts
(Constitution of District Councils) Rules, 1951, which he contends, vests the
Executive Committee with powers to take up matters involving any
important change in administration of the Autonomous District and to make
proposals for making regulations, rules or laws. Rule 30, he submits, enables
the Executive Committee to take up such matters should any emergency
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arise even when the Council is not in session. The learned counsel has then
referred to a decision of this Court passed in WP(C). No. 3 of 2014 in the
case of Shri. Bloin Shylla & Anr. vrs. State of Meghalaya & Ors. and other
connected matters, wherein he submits, it has been held that under paragraph
2 (7) of the Sixth Schedule, after the District Council have been constituted,
the power to make rules is vested with the District Council.
5. It is then further submitted that no averment has been made by the
petitioner that the challenge to the notification has been made due to the
rejection of his nomination, nor has the resolution dated 09-02-2026 been
assailed. The learned counsel has also produced a communication dated 06-
02-2026, which he submits, was an intimation showing that the resolution
of the Executive Committee dated 09-02-2026 had been forwarded to the
District Council Affairs Department, Government of Meghalaya, for gazette
notification. He thus contends that as the matter is under consideration, no
interference is called for, and that as far as the writ petitioner is concerned,
there is no cause of action and the writ petition is liable to be dismissed.
6. Mr. A.Kumar, learned Advocate General assisted by Ms. S.Laloo,
learned counsel for the respondents No. 1 to 4, has submitted that the
impugned notification has been issued without the due process of law being
complied with, though perhaps, the same was with best interests in mind. It
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is submitted that the District Council is vested with powers under Rule 29
(2) (b), to make proposals for making regulations, rules or law as authorised
under the provisions of the Sixth Schedule, and the legislative process for
the same has been prescribed at Rule 72 which mandates that all Rules made
by the District Council under paragraph 2 (7) with regard to matters in 2 (6)
of the Sixth Schedule shall be drafted by the Executive Committee and shall
be placed before the District Council for consideration. Rule 72 (2), he
submits, provides that the Rules confirmed by the District Council, shall be
sent to the District Council Affairs Department and all Rules have to be
approved by the Governor, before coming into force. In the instant case, he
submits, there has been no proposal for amendment of the Rules and the
impugned notification has been issued without due process as provided in
Rule 72, being followed. It is further submitted that change in the Rules
cannot be affected without an amendment being made to Rule 128 of the
Assam and Meghalaya Autonomous Districts (Constitution of District
Councils) Rules, 1951. He therefore submits, by operation of law and in the
absence of legislative sanction, the impugned notification cannot be said to
be valid.
7. Having heard the learned counsel for the parties, it is noted that what
has triggered the instant writ petition is the impugned notification dated 17-
02-2026, whereby the same has effectively barred non-tribal voters from
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voting or contesting in the upcoming elections to the Garo Hills
Autonomous District Council. This Court is therefore to examine as to
whether the impugned notification can be considered to be valid and pass
the scrutiny of law, notwithstanding any other circumstances that may
surround this issue. This observation is being made in view of the fact that
the participation of non-tribals in the District Council elections, which elect
members to the Council, which have been primarily established for the
benefit of the Scheduled Tribes, has come under fierce debate with its
consequential fallout, which in turn affects the society as a whole.
8. Article 244 (2) of the Constitution, has provided that the provisions
of the Sixth Schedule shall apply to the administration of the tribal areas in
the State of Assam, Meghalaya, Tripura and Mizoram, and as provided under
the Sixth Schedule, the District Councils have been established. The aims
and objectives of the Sixth Schedule, is to protect the rights and interest of
tribal communities recognising their distinct culture, customs and
languages, and plays a crucial role in preserving the identity and rights of
the tribal populations in these States. Under paragraph 2 of the Sixth
Schedule, provision has been made for the constitution of District Councils
and Regional Councils and under para 2 (6), the Governor have been vested
with the power to make Rules for the first constitution of District Council.
Para 2 (6) and 2 (7) being very relevant, are reproduced hereinbelow:
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“2. Constitution of District Councils and Regional
Councils –
(6) The Governor shall make rules for the first
constitution of District Councils and Regional Councils
in consultation with the existing tribal Councils or other
representative tribal organisations within the
autonomous districts or regions concerned, and such
rules shall provide for–
(a) the composition of the District Councils and
Regional Councils and the allocation of seats
therein;
(b) the delimitation of territorial constituencies
for the purpose of elections to those Councils;
(c) the qualifications for voting at such elections
and the preparation of electoral rolls therefor;
(d) the qualifications for being elected at such
elections as members of such Councils;
(e) the term of office of members of 1 [Regional
Councils];
(f) any other matter relating to or connected with
elections or nominations to such Councils;
(g) the procedure and the conduct of business 2
[including the power to act notwithstanding any
vacancy] in the District and Regional Councils;
(h) the appointment of officers and staff of the
District and Regional Councils.
(7) The District or the Regional Council may after its
first constitution make rules 2 [with the approval of the
Governor] with regard to the matters specified in sub-
paragraph (6) of this paragraph and may also make
rules 2 [with like approval] regulating–
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(a) the formation of subordinate local Councils or
Boards and their procedure and the conduct of
their business; and
(b) generally all matters relating to the
transaction of business pertaining to the
administration of the district or region, as the
case may be:
Provided that until rules are made by the District
or the Regional Council under this sub-paragraph
the rules made by the Governor under sub-
paragraph (6) of this paragraph shall have effect
in respect of elections to, the officers and staff of,
and the procedure and the conduct of business in,
each such Council.”
9. The Assam and Meghalaya Autonomous Districts (Constitution of
District Councils) Rules, 1951, then in accordance with para 2 (6) was
framed and came into force on 15-10-1951. Under these Rules, the
Constitution, Composition, Duration and Qualifications of membership of
the District Councils have been prescribed, as well as the process of
Legislation, Functions of the Executive Committee and Qualification of
electors. The relevant Rules i.e., Rule 8 (Qualification for membership),
Rule 29 (Function of Executive Committee), Rule 30 (Savings), Rule 72
(Legislation) and Rule 128 are reproduced hereinbelow:
“Qualifications for Membership:
8. A person shall not be qualified to be elected as a
member of the District Council unless he:
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(a) is a citizen of India;
(b) is not less than twenty-five years of age; and
(c) is entitled to vote at the election of members of
the District Council of that autonomous district.
Functions of the Executive Committee:
29. (1) The Executive Committee shall dispose of all
matters falling within its purview, except certain matters
hereinafter specified, which shall be referred to the
District Council for final approval.
(2) The matters excepted under subrule (1) are–
(a) cases involving any important
change in the administrative system of the
autonomous districts or any important
departure from accepted policy of practice;
(b) proposal for making regulations,
rules or laws as authorized under the
provisions of the Sixth Schedule to the
Constitution;
(c) cases which seriously affect or are
likely to affect seriously, the peace or good
government of any autonomous district or
likely to affect relations with any such area;
(d) cases affecting the relation of
Government with the autonomous district;
(e) all correspondences of importance
with the Government.
(f) all important appointments.
Savings-
30. Notwithstanding anything contained in rule 29–
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If any time, except when the District Council is in
session, an emergency arises which renders it necessary
for the Executive Committee to take immediate action in
respect of any matter or matters specified in clauses (a),
(b), (c), (d), (e) and (f) of sub-rule 2 of that rule, the
Executive Committee of a District Council other than
that of Mikir Hills or the North Cachar Hills may take
such action thereon as the emergency appears to it to
acquire, but every such case shall be laid before the
District Council at its next session.
Legislation:
Rules to be made by the District Council
72. (1) All the Rules which may be made by the
District Council under sub-paragraph (7) of paragraph
(2) of the Sixth Schedule with regard to matters specified
in sub-paragraph (6) of that paragraph and also all
rules with regard to other matters which are under the
rule-making power of the District Council shall be
drafted by the Executive Committee and shall be placed
by the Executive Member incharge before the District
Council for consideration and confirmation, and the
District Council in Session shall have the power to
amend, reconsider or replace them, either in the Council
or with the help of a Selected Committee appointed by
the Council.
Rules to be signed by the Chairman
(2) All Rules thus made and confirmed by the
District Council shall be authenticated and signed by the
Chairman of the Council. A copy of such rules shall be
submitted to the Governor for information through the
Secretary, District Council Affairs Department,
Government of Meghalaya and also a copy thereof shall
be sent to the Chief Executive Member.
Rules made by District Council with approval of
Governor.
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(3) All rules which may be made by the District
Council with the approval of the Governor shall be
drafted by the Executive Committee and after being
passed by the District Council with or without
amendments, shall be presented to the Governor for his
approval.
Publication of Rules made.
(4) All rules thus made and passed by the District
Council, after being approved by the Governor in case
of rules requiring such approval under any of the
provisions in the Sixth Schedule, shall be published in
the Gazette of the State and on such publication shall
come into – force.
Qualification for Electors
128. (1) Save in so far as is otherwise provided in these
rules every person who is–
(a) a citizen of India and ordinary resident
in a constituency for not less than 180 days during
the qualifying period;
(b) not below the age of eighteen on the
qualifying date;
(c) not of unsound mind and does not stand
to declared by a competent Court or such other
authority as may be empowered by the Governor
in this behalf;
(d) for the time being not disqualified from
voting under the provisions of any law relating to
corrupt or illegal practices and other offences in
connection with elections; shall be entitled to vote
at any election to the District Council of an
autonomous district;
Provided that a person not belonging to a
Scheduled Tribe specified in part XI – Meghalaya,
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of the Schedule to the Constitution (Schedule
Tribes) order, 1950, as amended up to date shall
not be entitled to so vote unless he is a
permanently resident within the territorial limits
of the said autonomous district.
(2) The expression “ordinarily resident” used in
subrule (1) shall have the same meaning as
assigned to it by section 20 of the Representation
of the people Act, 1950 (XLIII of 1950).
(3) For the purposes of this rule a person shall be
deemed to be a permanent resident within the
territorial limits of an autonomous district if he
has taken up his fixed or permanent habitation
with his family or made his permanent home in
that district and resided continually therein for a
period of not less than twelve years on the
qualifying date. A person shall not be deemed to
have taken up his fixed habitation in the district
merely by the reason of his having resided there
in connection with his civil or military service or
in exercise of any profession or calling.
(4) For the purposes of this rule, “the qualifying
date” and “the qualifying period”–
(a) in the case of electoral rolls first
prepared under these rules, shall be the
first day of March, 1950 and the period
beginning on the first day of April, 1947,
and ending on the 31st day of December.
1949 respectively;
(b) in the case of every electoral roll
subsequently prepare under these rules,
shall be the first day of of January of the
year in which it is prepare, and the year
immediately preceding that year
respectively”.
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10. Having set out the above applicable legal provisions, a perusal of Rule
8, would show that a person entitled to vote at the election to the District
Council is also qualified to be a member. Further, Rule 128 has set out the
qualifications for electors with the conditions to be met encompassed
therein. These two Rules, ever since the constitution of the District Councils
have remained unchanged, thus preserving the right of every enrolled voter
either tribal or non-tribal, to be qualified to be a member or voter. Looking
into the history of the elections and the elected members of the Garo Hills
Autonomous District Council, it is noted that since its inception in the list of
elected members from 1952 onwards, non-tribals have featured and are
present. As such, it is a well-established fact, that non-tribals residing in the
concerned constituencies have been participating in, and have also been
elected to the Council as members. This however, as submitted by the
learned counsel for the respondents No. 5 & 6, due to the change in
demographics has now been sought to be altered by way of the impugned
notification, to limit participation only within the members of the Scheduled
Tribe community. However, as observed earlier, the duty of the Court at this
juncture, is only to examine as to whether this exercise is legislatively
competent and in accordance with the Assam and Meghalaya Autonomous
Districts (Constitution of District Councils) Rules, 1951.
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11. The impugned notification, as noted earlier was notified in pursuance
to a resolution of the Executive Committee and under powers purported to
be derived under paragraph 2 of the Sixth Schedule, which is now being
sought to be implemented in the upcoming elections. In this context, as
arguments have been advanced that the same is in exercise of Rule 29 of the
Assam and Meghalaya Autonomous Districts (Constitution of District
Councils) Rules, 1951, a perusal of Rule 29 would show that 29 (2) quoted
earlier, though giving latitude and power to the Executive Committee to take
up matters captioned therein, the same is however subject to the reference
to the District Council for final approval. The impugned notification, it is
noted has been issued at the level of the Executive Committee itself, without
the same being placed before the Council, and further, even if Rule 30 is
resorted to, Rule 29 (2) (b) does not envisage the making of Regulations or
Rules by the Executive Committee but only for proposals to be made.
12. The impugned notification, apart from other considerations discussed
above, to have effect in law would also have to pass the rigours of Rule 72,
which provides for the manner in which Rules are to be made by the District
Council, which compulsorily require the approval of the Governor, before
the same becomes law. A perusal of Rule 72, would show that under the Rule
making powers of the District Council, the Rules shall be drafted by the
Executive Committee and thereafter, be placed before the District Council
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in session for onward process before the District Council Affairs Department
and finally for assent before the Governor. The impugned notification, in
the considered view of this Court, would amount to only the first stage being
completed i.e., at most to only a proposal which would necessarily also have
to be correspondingly accompanied with proposed amendments to Rule 8
and Rule 128 of the Rules of 1951.
13. In view of the above stated facts, circumstances and the interpretation
and application of law, the impugned notification therefore, cannot pass
legal scrutiny and as such, is accordingly set aside and quashed.
14. The writ petition accordingly is closed and disposed of.
Judge
Signature Not Verified 17
Digitally signed by
SAMANTHA ANNA LIYA
RYNJAH
Date: 2026.03.10 20:19:44 IST