TURA : The Garo Hills Autonomous District Council (GHADC) is set to consider amendments to its election rules on Monday that could change who can vote in Council elections and how electoral rolls are prepared.
The House will take up amendments to Rules 128 and 129 of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951. If approved, the changes would allow GHADC to prepare a separate electoral roll for its elections and restrict voting rights to eligible Scheduled Tribe (ST) members of Meghalaya.
The proposal follows a Meghalaya High Court judgment delivered earlier this year, which held that voter qualifications for Autonomous District Council elections cannot be altered through an executive notification alone. The Court ruled that any change affecting voter eligibility must be made by formally amending the election rules under Paragraph 2(7) of the Sixth Schedule, with the Governor’s approval.
The case arose after an earlier GHADC notification sought to restrict voting and candidature in Council elections. While the Court did not decide whether the policy itself was constitutional, it made it clear that any change to voter qualifications must follow the procedure prescribed under the Sixth Schedule.
The proposed rule changes are intended to comply with that judgment.
One of the main amendments would allow GHADC to prepare a separate electoral roll for District Council elections. At present, the Council largely relies on electoral rolls prepared for Assembly elections. Under the new proposal, GHADC would maintain its own electoral roll comprising eligible Scheduled Tribe voters in accordance with the amended rules.
The proposal also follows the Meghalaya Government’s commitment to introduce a separate electoral roll for GHADC elections. The issue gained prominence after the postponement of the Council elections and the legal dispute over voter eligibility.
If the House approves the amendments and they subsequently receive the Governor’s assent, they will provide the legal basis for preparing a separate electoral roll before the next GHADC election. They would also bring the election rules in line with the constitutional procedure laid down under the Sixth Schedule, replacing the use of executive notifications for changes relating to voter qualifications.
Why are Rules 128 and 129 being amended?
Rules 128 and 129 govern the preparation, publication and maintenance of electoral rolls for District Council elections.
GHADC elections currently rely largely on electoral rolls linked to Assembly elections. The proposed amendments would allow the Council to prepare and maintain its own electoral roll specifically for GHADC elections. Only persons meeting the eligibility requirements under the amended rules would be included.
The amendments also respond directly to the High Court’s observations on the procedure for changing voter qualifications. Rather than making such changes through executive notifications, the Council is seeking to amend the election rules through the constitutional process provided under the Sixth Schedule.
If the amendments are approved, they will form the legal basis for preparing a fresh electoral roll before the next GHADC election.
