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H. S. THANGKHIEW
Benedic R. Marak – Appellant
Versus
State of Meghalaya – Respondent
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 w
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.
A no-confidence motion against a municipal Vice-Chairperson is valid without the necessity of specific reasons in the resolution, and adherence to statutory notice requirements fulfills procedural ju....
Word ‘lost’ appearing in 2nd proviso to section 15(1), in deference to fundamental principles of statutory interpretation, has to be essentially comprehended in text and context in which it appears.
Section 15 of Assam Panchayat Act, 1994 have been held to be directory and not mandatory, any resolution adopted cannot be faulted with merely because time limit prescribed under Section 15(1) have n....
The Collector is obligated to convene a meeting forthwith upon receipt of a valid requisition for a no-confidence motion, without examining the veracity of the allegations.
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