Setback for Meghalaya Govt as HC issues order in favour of KHADC CEM
SHILLONG, Jan 28:
In a major setback for the Meghalaya Government, the High Court of Meghalaya today has directed the Secretary to the Governor Secretariat to put up the relevant files for issuing of formal orders on the appointment of the Deputy Chief Executive Member (Dy. CEM) and the four Executive Members (EMs) of the Khasi Hills Autonomous District Council (KHADC).
"After a detailed analysis of the matter, the Governor of the State of Meghalaya does not have any discretion to withhold their appointment and has no option but to notify their appointment acting on such advice," Meghalaya High Court Chief Justice, Mohammad Rafiq today stated in the order after hearing the petition filed by the KHADC CEM.
According to the court, on the advice being rendered by the petitioner, Latiplang Kharkongor in his capacity as the Chief Executive Member, the Governor would clear the appointment of one Deputy Chief Executive Member and four Executive Members of the Executive Committee of the KHADC.
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The court further observed that a detailed analysis of the Rules of 1951, makes it clear that the principles of the Cabinet system of the Government are ingrained in its various provisions, especially Rule 20, according to which it is the prerogative of the duly elected Chief Executive Member of the Council to choose the Deputy Chief Executive Member and other Members of the Executive Committee of the District Council.
"This provisions is analogous to Article 75 of the Constitution, which vests the authority in the Prime Minister to advice the President to appoint other Ministers and Article 164 of the Constitution, which similarly empowers the Chief Minister to advice the Governor to appoint the other Ministers," the court stated adding, "Both these constitutional provisions do not leave any discretion with either the President or the Governor, as the case may be, as to the choice of the persons to be appointed as Ministers".
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It may be recalled that Kharkongor had filed the petition seeking the court's intervention for issuing of appointment of Grace Mary Kharpuri as the deputy CEM and the other four EMs- Mitchel Wankhar, Macdalyn S Mawlong, Lamphrang Blah and Ronnie V Lyngdoh as the executive members.
The KHADC CEM had submitted the list of the four EMs to the Governor on November 27 last year. He then submitted another list for appointment of Kharpuri as the Deputy CEM on November 29, 2017.
