Shillong, March 10 : The Meghalaya High Court has quashed a notification issued by the Garo Hills Autonomous District Council (GHADC) that made the submission of a Scheduled Tribe (ST) certificate mandatory for candidates filing nomination papers in the GHADC elections.
The order was passed by Justice H. S. Thangkhiew while hearing a writ petition filed by Enamul Hoque, a resident of West Garo Hills, who challenged the notification issued on February 17, 2026 by the Chief Executive Member of the GHADC.
The petitioner argued that the notification violated the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951, which govern the functioning and election procedures of District Councils under the Sixth Schedule of the Constitution.
According to the petition, the notification effectively prevented non-tribal voters and candidates from participating in the upcoming GHADC elections, despite long-standing provisions that allowed permanent residents, including non-tribals, to vote and contest elections if they fulfilled the eligibility criteria.
During the hearing, the court examined the Sixth Schedule of the Constitution, which provides for the administration of tribal areas in states such as Meghalaya, Assam, Tripura, and Mizoram.
The court observed that while the Sixth Schedule aims to protect the rights and identity of tribal communities, changes to election rules must follow the prescribed legislative procedure under the 1951 Rules.
The court noted that the notification had been issued by the Executive Committee of the GHADC based on a resolution but had not been placed before the District Council for approval, as required under the rules.
Furthermore, any amendment to election qualifications must also receive approval from the Governor after being passed by the District Council and published in the official Gazette. Since these steps were not followed, the court held that the notification did not have legal validity.
After examining the matter, the High Court ruled that the impugned notification failed to meet the legal requirements under the governing rules and procedures.
Accordingly, the court set aside and quashed the notification, bringing the case to a close.
The judgment reaffirmed that any changes affecting the eligibility of voters or candidates in District Council elections must follow proper legislative procedures and obtain necessary approvals before coming into force.
