District Council: The Governor of Mizoram assumes all the functions or powers charged in the 6th schedule of the Chakma Autonomous District Council. | Popgen Tech

The Governor of Mizoram has assumed all the functions or powers allotted to him in the sixth schedule Chakma Autonomous District Council (CADC) of Mizoram.

Dr. Lalrozama Secretary to the Government of Mizoram in a notification said, “Considering that Buddha Lila Chakma has submitted his resignation from the post of Chief Executive Member, Chakma Autonomous District Council as per Rule 24(1)6) of the Chakma Autonomous District Council (. Constitution) , Conduct of Business, etc.) Rules, 2022. And the Governor accepted this resignation on 17.11. 2022. And while Buddha Lila Chakma resigned as Chief Executive Member (CEM), Rasik Mohan Chakma claimed to be the sixth CEM in CADC’s 10. The Governor is of the firm opinion that this constant change of administration due to political maneuvering is very detrimental to the welfare of the CADC and its people, and is certainly not what is intended in the Sixth Schedule of the Constitution of India, which envisages effective administration in tribal areas”.

The notification added, “Whereas at the same time, the Commission constituted under Paragraph 14 of the Sixth Schedule submitted its report, stating that in the absence of Recruitment Rules, a number of irregular activities were carried out in the CADC without following proper procedure. . The absence of Recruitment Rules itself is in violation of Clause 216) (h} of the Sixth Schedule, which states that there should be rules for the appointment of staff to the District Council. And whereas, as provided under Clause 16{2) in the Sixth Schedule, the Governor is satisfied that the administration of the CADC cannot be carried out in accordance with the provisions of the Sixth Schedule. Sixth Schedule to the Constitution of India, the Governor of Mizoram is pleased to assume all functions or powers conferred or exercised by the Council Chakma Autonomous District, and appoints the Deputy Commissioner, Lawngtlai District as Acting Person on his behalf to exercise such functions or powers. The Chakma Autonomous District Council gives or exercises it with immediate effect for a period of 6 (six) months until other orders”.

Suhas Chakma, Chakma Development Foundation of India (CDFI) said, “The imposition of the governor’s rule in the Chakma Autonomous District Council (CADC) on the ground of constant change in political maneuvers harms the welfare of the CADC and its people and the absence of the recruitment rules in the staff are bad in law, arbitrary and without any link. The CADC is a constitutional body with its own house and according to the constitutional scheme of things laid down by the Supreme Court in SR Bommai case, all that matters is whether a party in question has a majority to prove on the floor of the house or not. The governor did not do the same.” “If political maneuvering that harms the welfare of the people is the basis for imposing Governor’s or President’s Rule, the same rule can be imposed in all the Autonomous District Councils, States and India as well. If the absence of the recruitment rule is the basis for imposing Governor’s Rule, The Gauhati High Court quashed the resolution set up by the Central Bureau of Investigation and held all its actions to be constitutional and the said judgment has not been quashed by the Supreme Court yet.Should President’s Rule not be imposed in India? If there are specific allegations, appropriate action must be taken but constitutional guarantees cannot be set aside in this way,” Chakma stated.