RATAN TERANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Sarania, learned counsel for the petitioner. Also heard Mr. B. Goswami, learned Addl. Advocate General, Mr. R. Dhar, learned Addl. Senior Govt. Advocate for the respondent No.1 as well as Mr. H. Mazumder, learned standing counsel for the State Election Commission, Assam and Mr. J. Chutia, learned standing counsel for the Karbi Anglong Autonomous Council (KAAC).

(2.) The petitioners who are indigenous scheduled tribe people permanently residing in the district of Karbi Anglong, Assam is aggrieved inasmuch as, no Rules have been framed by the Karbi Anglong Autonomous Council (KAAC) for conducting the elections to the Council and other authorities under the Council.

(3.) According to the petitioners, the KAAC is governed by the provisions of the 6th Schedule to the Constituion of India and under paragraph-12 of the said Schedule, no Acts of the State of Assam in respect of the subjects provided under paragraph-3, 3-A and 3-B would be applicable in respect of the Council areas unless the District Council so directs by a public notification. Paragraph-2(6) of the 6th Schedule inter alia provides that the Governor shall make Rules for the first constitution of District Council and Regional Council in consultation with the existing tribal councils or other representatives of the tribal organizations, amongst others, providing for the qualification for voting for the purpose of election to the Councils and for preparation of electoral roles therefor and also for prescribing the qualification for being elected in such election.