IMPORTANT POINT
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.

JUDGMENT

1. This instant application under Article 226 of the Constitution of India has been filed assailing the notice dated 27-01-2022 issued by the Hon'ble Governor of Meghalaya under Rule 36(5) of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 whereby the District Council has been summoned to take up a no-confidence motion against the Executive Committee of the Garo Hills Autonomous District Council in Tura on 29-01-2022.

2. Heard learned counsels for the parties.

3. Mr. K.Paul, learned Sr. Advocate submits that the petitioner who is the current Chief Executive Member of the Garo Hills Autonomous District Council (GHADC) has been compelled to approach this Court seeking its interference in view of the fact that the entire process which culminated in the impugned notice, is fraught with procedural irregularities which necessarily need to be corrected in order for any session of the District Council to be summoned. He submits that by an application dated 25th January, 2022, fifteen members of the District Council (MDCs) had sought leave from the Chairman to move a motion of no-confidence against the Chief Executive Member in accordance with Rule 71 of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 (hereinafter referred to as the Rules). He further submits that the said request was then transmitted by the Chairman to the District Council Affairs Department and thereafter the Governor in exercise of powers under Rule 36(5) of the Rules called for a special meeting to be convened on 29th January, 2022.

4. Mr. K.Paul, learned Sr. counsel submits that as per the scheme of the Rules at Rule 71, the procedure for calling of a no-confidence motion is laid out and he submits that a no-confidence motion can be set in motion after presentation of a written notice of the motion before the commencement of the sitting of the day, and if the Chairman is of the opinion that the motion is in order shall proceed accordingly. Learned Sr. counsel then takes this Court to Rule 36 of the Rules which provides for the summoning of the District Council and submits that though Rule 36(5) vests vast discretionary power upon the Governor to summon a meeting of the District Council at any time he deems fit, this will not mean that the same can be done mechanically without any subjective satisfaction being arrived at before the decision. He further submits that the impugned order is categorical in its intent, by specifically indicating therein, that the house is being specially convened to take up the no-confidence motion. Mr. K.Paul, learned Sr. counsel submits that there is no inherent power vested in the Governor, to direct for taking up of a no-confidence motion in the manner as has been done and further, the bypassing of the provisos of Rule 36, which provide a procedure for the convening of the house by the Chairman, on the event of an emergency on short notice, and the necessity of receipt of a requisition signed by not less than two thirds of the members of the District Council is highly irregular. Learned Sr. counsel submits that the entire procedure being highly irregular, the impugned notice is therefore, liable to be set aside and quashed. Learned Sr. counsel has also relied upon the judgment rendered in the case of S.R.Bommai vrs. Union of India (1994) 3 SCC1 in support of his submissions.

5. Mr. A.Kumar, learned AG in reply to the submissions of the petitioner has contended that the present case has been brought before this Court by the petitioner to defeat a legitimate democratic process which has been initiated by the members of the District Council themselves. He has drawn the attention of this Court to the letter dated 25th January, 2022 which is the requisition for summoning of the House by fifteen members of the Council and submits that a bare perusal of the letter itself, reflects the necessity of summoning the house, which is therefore the basis