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Judgment
(per the Hon’ble, the Chief Justice)
By this petition, the petitioner seeks a direction to the respondent authorities to conduct the general election to Garo Hills Autonomous District Council (GHADC) or to impose the administrative rules in GHADC or pass any other order or direction, as this Court may deem fit and appropriate.
Mr. Chullai, learned AAG has filed an affidavit of Shri Rapborlang Kharbihkhiew, MCS, Joint Secretary to the Government of Meghalaya, District Council Affairs Department dated 2nd August, 2026. From the said affidavit, it appears that in view of the law-and-order situation, the election to the GHADC was postponed. It further appears that on 11th March, 2026, a notification was issued by the Government of Meghalaya postponing the general election to GHADC, until further orders. The said notification is annexed at Annexure R/3 at page 42 of the said affidavit.
It further appears that on 18th March, 2026, the Governor of Meghalaya being satisfied that the circumstances exist rendering the holding of elections to GHADC impracticable, in exercise of its powers under the proviso to sub-paragraph (6A) of paragraph 2 of the Sixth Schedule to the Constitution of India read with the proviso to sub-rule (1) of Rule 7 of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 (amended), was pleased to extend the present term of the said Council and its members for a period of six months w.e.f. 19th April, 2026 to 18th October, 2026. The said notification is annexed at Annexure R/4 at page 43 of the said affidavit.
It further appears that on 6th April, 2026, the GHADC reconstituted the GHADC Committee, to analyse demographic trends and population distribution and to establish fair and equitable boundaries for GHADC constituencies based on the latest population census and demographic data. The said notification is annexed at Annexure R/5 at page 44 of the said affidavit.
The terms of reference of the said Committee are as under:
“Terms of Reference:
i)The Committee shall review current GHADC Constituency boundaries based on population data and geographic features and recommend changes as necessary to establish fair and equitable boundaries for GHADC Constituencies.
ii) The Committee shall prepare draft delimitation proposal.
iii) The Committee shall utilize official statistic from the relevant census and demographic data.
iv) The Committee shall conduct public consultations including hearings, discussions and opportunities for submission of comments; and engage with local communities to understand unique local issues or concerns regarding representation.
v)The Committee shall ensure that communication strategies are in place to inform the public about the process and gather opinion or response effectively.
vi) The Committee shall finalise and submit recommendation for new constituency or alteration of existing constituency boundaries.
vii) The Committee may fix dates for sitting and 2 (two) members shall form a quorum.
viii) The Committee is to submit its recommendation to the Secretary to the Executive Committee, GHADC within six months from the date of notification of the GHADC Constituency Delimitation Committee. The Executive Committee, GHADC may extend the period of the Committee by Notification.”
It, thus, appears from the said notification dated 6th April, 2026, that the Committee is to submit its recommendation to the Secretary to the Executive Committee, GHADC within six months from the date of notification of the GHADC Constituency Delimitation Committee.
Considering the aforesaid, at present, we do not deem it appropriate to consider the relief as sought for in the aforesaid petition. We make it clear that it is open from the petitioner to file an appropriate petition, if the occasion so arises in future i.e., in the event within a reasonable time the elections are not held. We also make it clear that we have not examined the locus of the petitioner and as such, keep all contentions of all parties open on merits.
In view of the aforesaid, the petition stands disposed of.