Amitava Roy, J.

1. Abstruse issues of constitutional overtones in the singular perspective of the Sixth Schedule confront this Court in this adjudicative venture. In assailment in the present appeal is the judgment and order dated 16.11.2010 rendered by a learned Single Bench of this Court in WP(C) 330 (SH)/2010. Not only thereby the notification No. DCA.18/2004/Pt./141 dated 17.9.2010 in the name of the Governor of Meghalaya under Paragraph 16(2) of the Sixth Schedule to the Constitution of India extending the term of administration of Garo Hills Autonomous District and conduct of the functions and powers vested in or exercisable by the Garo Hills Autonomous District Council (for short hereafter referred to as the Council) has been annulled, operative directions have been issued as well inter alia to convene a Special Session of the Council by the State Respondents on 25.11.2010 at 10A.M. for holding a floor test to ascertain if the Nationalist Congress Party (for short hereafter referred to as the NCP) led alliance command the majority in the House and to submit compliance report to this Court on or before 28.11.2010.

2. We have heard Mr. N. Dutta, Sr. Advocate assisted by Mr. D. Baruah, Advocate for the Appellant, Mr. Vijay Hansaria, Sr. Advocate assisted by Ms. Sneha Kalita, Smt. . S.G. Momin and Mr. S. Sangma, Advocates for the Respondent No. 1 to 18 and Mr. D. Saikia, learned Additional Advocate General, Meghalaya for the official Respondents.

3. The instant appeal filed on 23.11.2010 was moved for admission on the next date i.e. 24.11.2010 at 2 P.M., the Respondents 1 to 18 being represented by Mr. S. Dey, Advocate. After hearing the learned Counsel for the parties for the admission and the interim relief prayed for by the Appellant, by order of the same date i.e. 24.11.2010, the operation of the impugned judgment and order was kept in abeyance till the returnable date i.e. 1.12.2010. The interim restraint notwithstanding, the floor test was conducted on 25.11.2010. The parties have exchanged their pleadings on this facet of the debate, which would be alluded to at a later stage. As the hearing of the appeal on merits progressed thereafter, further steps on the basis of the floor test so held have reportedly not been pursued.

4. The pleadings that lay the preface of the emulous submissions that have followed deserve their primacy at this juncture. The private Respondents, as the writ Petitioners on 06.09.2010 instituted WP(C) 272(SH)/2010 at the Shillong Bench of this Court seeking to invoke the writ jurisdiction thereof for an appropriate writ to quash the notification No. DCA.18/2004/Pt./80 dated 1.4.2010 as well as the notification No. DCA.18/2004/Pt./81 of the same date whereby the Governor of Meghalaya in exercise of power conferred by paragraph 16(2) of the Sixth Schedule to the Constitution of India had assumed to himself the administration of the Garo Hills Autonomous District as well as all functions and powers vested in or exercisable by the Council and had consequently appointed Shri S. Goel, IAS, Deputy Commissioner, West Garo Hills District, Tura, to exercise all the functions and powers exercisable by the Executive Member, Chairman, Deputy Chairman and Executive Member of the said Council subject to such directions to be issued by him from time to time. Prior thereto, on 6.4.2010, the Appellant herein had lodged a caveat anticipating such challenge in view of a notification dated 30.3.2010 issued by the Governor of Meghalaya whereby, according to him, he had invited the interested parties in the opposition sitting in the Council to attempt and prove their majority. In the caveat application, the Appellant introduced himself to be an elected represented of the Garo people and a member of the Council representing 15 MDC as part of the sitting opposition who had proposed a vote of no confidence contending majority and registering a claim for forming the next Government/Executive Committee in the District