Newmai News Network
Shillong | February 7
Not agreeing with the claim of the National People’s Party (NPP) led Meghalaya Democratic Alliance (MDA) government in Meghalaya that the Bill passed by the Khasi Hills Autonomous District Council (KHADC) for the implementation of the Inner Line Permit (ILP) is ‘outside the legislative competency of the Council’; the latter has decided to file a petition against this decision.
It may be noted here that the KHADC had received a letter from the District Council Affairs (DCA) department through the Deputy Secretary W Rapthap on February 4 where it was informed of the government had examined the Bill in consultation with the Law department.
Rapthap in his letter to the KHADC secretary had stated “…it is opined that the Regulation namely the KHAD (As adapted from the Bengal Eastern Frontier Regulation, 1873) Regulation, 2018 passed by the District Council on October 26, 2019 is outside the legislative competency of District Council as it does not fall under any of the law making powers as provided under the Sixth Schedule to the Constitution of India.”
In this regard, the Chief Executive Member (CEM) of the KHADC, Hispreaching Son Shylla informed that the district council has decided to challenge the decision of the state government before the Court. “We will soon take a decision on whether to file a writ petition or a contempt petition before the Supreme Court or High Court after consulting with the Supreme Court lawyer, BJ Hansaria,” Shylla said while informing that petition would be filed by next week.
The outgoing CEM said to say that the Bill is outside the legislative competency of the district council only reflects that the law department of the government is “very weak”. “The DCA department has also committed a blunder by sending the letter to the KHADC instead of referring it to the Governor. This only shows that the government due to lack of understanding is treating the KHADC as its department,” he said.
He said the Bengal Eastern Frontier Regulation, 1873 is one of the many laws listed under the United Khasi-Jaintia Hills District (Application of Laws) Regulation, 1952, which according to the Supreme Court’s ruling ‘still continues to operate’. Shylla was referring to the case filed in 1971 challenging the validity of the Regulation, 1952 promulgated by the Governor of Assam under paragraph 19 (1) (b) of the Sixth Schedule to the Constitution.
Quoting the judgment on the matter, he said the Supreme Court had stated that the Regulation (1952) came into force at once and continued to remain in force even after the District Council was set so also the power there under conferred on the Governor to extend them either to the District as a whole or to any part or parts thereof. Shylla further slammed the ruling NPP and its ally, the United Democratic Party (UDP) while accusing them of being insensitive towards the sentiment of the people of the state.
“This shows that the two parties do not want to implement the ILP,” he said. He also alleged that the present state government will try to bring Administrator’s rule to prevent the district council from filing this petition which will expose its “foolishness”. Shylla, who has decided to quit active politics, also appealed to the next CEM and other members of the KHADC to pursue the matter to protect the interest and integrity of the district council.
