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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, PRANJAL DAS
Doymoy Daveng Chakma S/o Bhadra Sen Chakma – Appellant
Versus
State of Mizoram – Respondent
| Table of Content |
|---|
| 1. challenge to unconstitutional amendment regarding dual membership (Para 2 , 3 , 4) |
| 2. arguments on disqualification and interpretation of constitutional provisions (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. analysis of challenges to dual membership restrictions (Para 13 , 14 , 15 , 17 , 19 , 20) |
| 4. explanation of constitutional provisions related to dual membership and legislative competence (Para 21 , 22 , 23 , 24 , 25) |
| 5. final ruling dismissing the pil (Para 29 , 30) |
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. S. Borgohain and Mr. B. Chakma, learned counsel for the petitioners. Also heard Mrs. Linda L. Fambawl, learned counsel for the respondent nos. 5, 6 & 9, Ms. Lalnunhlui, learned counsel for the respondent nos. 1 to 5 and Mr. A.R. Malhotra, learned counsel for respondent No. 10. No one appears for the respondent nos. 7 & 8.
2. This is a Public Interest Litigation challenging the Constitutional validity of Rule 4 of the Chakma Autonomous District Council (Constitution, Conduct of Business etc.) (Amendment) Rules 2003, hereinafter referred to as 2003 Amendment Act, by which the bar on a person from being a member of District Council and the State Legislative Assembly
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....
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....
Point of law: The challenge to the constitutional validity of Section 175 (1)(q) and Section 177 (1) must fail. The right to contest an election for any office in Panchayat is neither fundamental nor....
The main legal point established in the judgment is the application of the doctrine of reading down to align statutory provisions with the constitutional mandate, as well as the interpretation of con....
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 main legal point established in the judgment is the limited scope of judicial review in matters concerning the internal functioning of the State Legislature. The court emphasized that the High Co....
Amendment to delimitation rule mandating larger units without boundary transgression quashed as manifestly arbitrary, violating uniform population ratio in panchayat constituencies and constitutional....
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