BLOIN SHYLLA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) IN all the above four writ petitions, delimitation of the constituencies of Autonomous District councils has been challenged. With the consent of the learned counsel for the parties considering the urgency of the matter, these writ petitions are heard, and being disposed of today summarily, by this common Order.

(2.) BRIEFLY stated, the Jaintia Hills Autonomous District Council (JHADC) and Khasi Hills Autonomous District Council (KHADC), were created under the Sixth Schedule of the Constitution of India. Elections are slated to be held for the two Districts Councils in February 2014. The power to make rules relating to such elections is given to the District Councils under paragraph 2(7) of the Sixth Schedule.

(3.) SUB -paragraph -7 paragraph 2 of the Sixth Schedule empowers the District Council to make rules with the approval of the Governor in the matter regarding which the Governor was empowered to make rules under sub -paragraph (6) of paragraph 2. In other words, as to the delimitation of the territorial constituencies for the purposes of elections to the District Councils after the same were constituted under the rules framed by the Governor under sub -paragraph (6), such District Council have the power to make fresh rules.