Meghalaya HC Quashes Garo Hills ADC Notification Requiring ST Certificate For Election Nomination, Says Executive Committee Lacks Power
The Meghalaya High Court set aside a notification issued by the Garo Hills Autonomous District Council that required candidates to submit a Scheduled Tribe (ST) certificate while filing nomination papers for elections to the District Council.
The Court held that the notification was issued without following the mandatory legislative procedure prescribed under the Sixth Schedule and the applicable Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951.
Justice H.S.Thangkhiew clarified that: “The impugned notification… to have effect in law would also have to pass the rigours of Rule 72, which provides for the manner in which Rules are to be made by the District Council, which compulsorily require the approval of the Governor, before the same becomes law.”
The petitioner through its writ petition challenged the notification issued by the Chief Executive Member of Garo Hills Autonomous District Council. Under the notification it was mandatory to submit a Scheduled Tribe certificate while filing nomination papers for election to the District Council.
The petitioner contended that the notification excluded non-tribal voters and candidates from contesting elections, even when the existing framework permits such participation.
He further contended that the Executive Committee lacked authority to impose requirement through an executive order and any change would require the consideration by the District Council and approval of the Governor.
Examining the framework under Article 244(2) and the Sixth Schedule of the Constitution of India, which provide for the administration of tribal areas through District Councils.
The Court clarified that these provisions aim to protect the cultural and political rights of tribal communities and any change in election rules must be carried out strictly in accordance with the procedure laid down in the law.
The Court further stated that the existing rules have remained unchanged, since the establishment of the District Councils. Thus preserving the right of every enrolled voter either tribal or non-tribal, to be qualified to be a member or voter.
The Court remarked that the Executive Committee only has the authority to propose changes and not directly enforce them.
Thus, the Court set aside the notification of Garo Hills Autonomous District Council.
Case Name: Shri Enamel Hoque v/s The State of Meghalaya & Others.
Case No.: WP No.93 of 2026
Date of Decision: 10.03.2026
For the Petitioner/ Applicant (s): Mr. K.Paul, Sr. Adv. with Mr. S.K.Hassan, Adv. Mr. A.H.Hazarika, Adv. Mr. S.Chanda, Adv. Mr. S.A.Sheikh, Adv. Ms. M.Rahman, Adv.
For the Respondents: Mr. A.Kumar, AG with Ms. S.Laloo, GA for R 1-4. Mr. S.Dey, Adv. for R 5 & 6.