Meghalaya: Aspiring GHADC Candidate Challenges ST Certificate Mandate for Balachanda Seat

Tura: Enamul Haque of the aspiring candidates willing to contest the upcoming Garo Hills Autonomous District Council (GHADC) elections from the Balachanda constituency in Meghalaya has objected to a notification requiring candidates to produce a Scheduled Tribe (ST) certificate to contest Council polls.

In a statement, Haque described the directive, issued by the Chief Executive Member (CEM) of the GHADC, as a clear breach of long-standing legal and constitutional norms.

He claimed that since the District Council was established in 1952, non-tribal citizens have routinely contested and won elections in unreserved constituencies without any such requirement.

“I myself contested the 2021 GHADC election from Balachanda without facing any statutory barrier,” Haque said.

He added, “This abrupt notification marks a sudden and unwarranted break from decades of settled electoral practice.”

Haque specifically contested the GHADC’s invocation of Paragraph 11 of the Sixth Schedule to the Constitution as the basis for the order. He clarified that Paragraph 11 merely deals with the procedure for laws and regulations to come into force upon publication in the Official Gazette; it does not empower the Council to impose fresh qualifications or disqualifications for membership.

He further argued that the legislative powers of an Autonomous District Council, as listed under Paragraph 3 of the Sixth Schedule, are limited to subjects such as land, forests, agriculture, village administration, social customs, and certain local matters—none of which extend to prescribing qualifications for election to the Council. Issuing new eligibility conditions via an executive notification, he contended, amounts to an overreach of authority not conferred by the Constitution.

Haque pointed to Paragraph 2(6) of the Sixth Schedule, which authorises the Governor to make rules for the constitution and functioning of District Councils. He noted that the existing Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, contain no prohibition on non-tribals contesting unreserved seats.

“It is a well-established constitutional principle that executive instructions cannot supersede or amend statutory rules,” he stated. “Any change to election qualifications must be effected through a proper amendment of the Rules, following due procedure and requisite approvals.”

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