HOLIRAM TERANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) :-This writ petition under Art. 226 of the Constitution has Ministers of the State of Assam and at present he is a sitting member of the State Assembly. It has been stated that he has also interest in various activities of the State, more particularly in the autonomous district of Karbi Anglong constituted under the Sixth Schedule to the Constitution. In this connection, it may be stated that there are two district councils in the State of Assam, namely, Karbi Anglong Autonomous District Council and North Cachar Hills Autonomous District Council. These Councils were formed in the year 1952.

(2.) The main grievance of the writ petitioner is that the Governor by invoking powers under sub-para (2) of paragraph 16 of the Sixth Schedule to the Constitution took over the administration of the District Council on number of occasions which is whimsical, arbitrary and for political purpose. Hence the writ petitioner has challenged the constitutional validity of the above provision of the Sixth Schedule to the Constitution.

(3.) Considering the importance of the matter, this Court, apart from the respondents, also issued notices to all the Advocates General of the North Eastern Region and they also addressed this Court. It may be stated that Mr. N. M. Lahiri, seniormost Advocate General, defended the above provision of the Sixth Schedule and his argument was adopted by the Advocates General of the States of Assam and Arunachal Pradesh.