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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MARLI VANKUNG
Lakkhan Chakma and Ors. S/o Krishna Dhasj Chakma – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. background of the writ petition challenge. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments against the imposition of governor's rule. (Para 7 , 8 , 9 , 10 , 11) |
| 3. judicial precedent on procedural requirements. (Para 12 , 13) |
| 4. state's arguments for sustaining governor's rule. (Para 14 , 15) |
| 5. court’s assessment regarding restoration of political stability. (Para 22 , 24 , 25) |
| 6. conclusive order on writ petition. (Para 26) |
JUDGMENT & ORDER :
MARLI VANKUNG, J.
Heard Mr. J.C. Lalnunsanga, learned counsel for the petitioner. Also heard Mr. Biswajit Deb, learned Advocate General for the State respondents, who appeared through VC, assisted by Mrs. Mary L. Khiangte, learned Govt. Advocate and Ms. H.C. Deborah Lalnunziri, learned counsel for respondent No.4.
2. The instant writ petition is filed for the quashing and setting aside of the notification dated 07.07.2025, whereby the Governors’ Rule is declared upon the Chakma Autonomous District Council (CADC) for a period of 6 (six) months, and for this court to invoke its writ jurisdiction under Article 226 of the Constitution of India by passing an order for the formation of a new Executive Committee, Chakma Autonomous District Council
Governors can impose rule under discretionary powers for political stability, even if it contradicts council advice, as per the Sixth Schedule of the Constitution.
The Governor's unilateral action in declaring the previous Chief Executive Member's appointment null was invalid, lacking required adherence to the Lai Autonomous District Council Rules, 2010, and a ....
Point of law: The preamble of the impugned Act no doubt does speak of the necessity to make provisions with respect to "transfer, allotment, occupation or use of land for any purpose likely to promot....
The Governor's discretionary power to summon a meeting under Rule 36(5) and the importance of a floor test in democratic institutions to ensure stability.
The main legal point established is that the expired term of the Autonomous District Council precludes the appellant from claiming the position of Caretaker Chairman, and the absence of provisions fo....
The arbitrary actions of the State Government and violation of statutory provisions led to the nullification of the meeting held on 07.08.2020.
The 2003 Amendment Rules allowing dual membership of both the District Council and State Legislative Assembly are constitutional, as no express prohibition is found in the Constitution's 6th Schedule....
The court maintained that a valid quorum is essential for decision-making in committees, rejecting the notion that the doctrine of necessity can allow decisions in its absence without a genuine impos....
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