BENEDIC R. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This instant application under Article 226 of the Constitution of India has been filed assailing the notice dtd. 27/1/2022 issued by the Hon'ble Governor of Meghalaya under Rule 36(5) of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 whereby the District Council has been summoned to take up a no-confidence motion against the Executive Committee of the Garo Hills Autonomous District Council in Tura on 29/1/2022.

(2.) Heard learned counsels for the parties.

(3.) Mr. K.Paul, learned Sr. Advocate submits that the petitioner who is the current Chief Executive Member of the Garo Hills Autonomous District Council (GHADC) has been compelled to approach this Court seeking its interference in view of the fact that the entire process which culminated in the impugned notice, is fraught with procedural irregularities which necessarily need to be corrected in order for any session of the District Council to be summoned. He submits that by an application dtd. 25/1/2022, fifteen members of the District Council (MDCs) had sought leave from the Chairman to move a motion of no-confidence against the Chief Executive Member in accordance with Rule 71 of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules,1951 (hereinafter referred to as the Rules). He further submits that the said request was then transmitted by the Chairman to the District Council Affairs Department and thereafter the Governor in exercise of powers under Rule 36(5) of the Rules called for a special meeting to be convened on 29/1/2022.