T. Vaiphei, J.

1. The constitutional validity of the provisions of Khasi Hills Autonomous District Council (Prevention of Defection) Act, 2003 ("the Act" for short) and the rules made thereunder, namely, Khasi Hills Autonomous District Council (Prevention of Defection) Rules, 2005. ("the Rules") whereunder the writ petitioner has been disqualified as Member of the Khasi Hills Autonomous District Council ("the District Council" for short), is called into question in this writ petition.

2. The material facts of the case are not in dispute. The petitioner was elected as Member of the District Council form No. 13, Laitkroh District Council Constituency in the election held in the year 2004 for a term of five years. After holding the office of the Executive Member, Law and Elaka Administration Department in the District Council for sometime, he was ultimately appointed as the Chief Executive Member till he was removed on 5.2.2008 by a No-Confidence Motion moved against him. After his removal, three Members of the District Council, namely, Mr. M. Nongrem, Mr. H.L. Massar and Mr. Lambor Malngiang, separately submitted and moved the Chairman of the District Council under Section 3 of