Rustom Chakma had filed a petition earlier than the Supreme Courtroom after the Gauhati Excessive Courtroom dismissed his petition, holding that Articles 101 and 190 of the Structure don’t bar a member of an ADC from turning into a member of a State Legislative Meeting. The Excessive Courtroom had relied upon the opinions of the Election Fee of India and the Governor of Mizoram.
In its judgment dated 20 July 2026, which has now been launched, the Supreme Courtroom, whereas directing the Chakma ADC and Mara ADC to revive the prohibition on twin membership held, “we’re of the thought of opinion that each one the ADCs should be at par for the aim of bar in opposition to twin membership. At current, the Lai ADC nonetheless retain the bar in opposition to twin membership of the ADC and the Legislative Meeting.”
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“This commentary is just not factually right because the Lai ADC had eliminated the bar on twin membership within the ADCs and the State Legislative Meeting by repealing its Structure and Conduct of Enterprise Guidelines of 2002 in 2010 whereby it solely barred membership in two or extra Autonomous District Councils and never within the State Legislative Meeting. This materials reality was hid by petitioner Rustom Chakma to safe a beneficial judgment, and he interfered with the administration of justice.” – said Rasik Mohan Chakma.
“This materials reality additionally couldn’t be delivered to the discover of the Supreme Courtroom by me because the Hon’ble apex Courtroom disposed of the petition on the first listening to, after issuing discover, and I used to be not given one other alternative to file a written reply. This in my thought of view is a violation of the ideas of pure justice.”- additional said Chakma.
Moreover, the petition filed by Rustom Chakma involved the query of holding an workplace of revenue, which is ruled by Article 191(1) of the Structure. Solely Parliament and the State Legislatures have the ability to enact legal guidelines referring to disqualification on the bottom of holding an workplace of revenue.Additionally learn | New overseas funding rule looms over AIFs, overseas buyers
Furthermore, beneath the Sixth Schedule to the Structure of India, the Autonomous District Councils would not have regulation making powers with respect to the qualification or disqualification of membership and the ADC have legislative powers solely with respect to solely “(a) the allotment, occupation or use, or the separating, of land, aside from any land which is a reserved forest, for the needs of agriculture or grazing or for residential or different non-agricultural functions or for every other goal more likely to promote the pursuits of the inhabitants of any village or city; (b) the administration of any forest not being a reserved forest; (c) the usage of any canal or water-course for the aim of agriculture; (d) the regulation of the apply of jhum or different types of shifting cultivation; (e) the institution of village or city committees or councils and their powers; (f) every other matter referring to village or city administration, together with village or city police and public well being and sanitation; (g) the appointment or succession of Chiefs or Headmen; (h) the inheritance of property; (i) marriage and divorce; and (j) social customs.”
Because the ADCs expressly would not have regulation making powers with respect to the qualification or disqualification of membership, notably issues referring to an workplace of revenue, the instructions issued by the Hon’ble Supreme Courtroom can’t be legally complied with. The Hon’ble apex courtroom should rethink this specific side too.
Moreover, the problem doesn’t solely pertain to the Lai, Chakma and Mara ADCs in Mizoram, it equally issues different seven ADCs beneath the Sixth Schedule to the Structure of India particularly Bodoland Territorial Council, Karbi Anglong Autonomous Council and Dima Hasao Autonomous District Council in Assam; Khasi Hills Autonomous District Council, Jaintia Hills Autonomous District Council and Garo Hills Autonomous District Council in Meghalaya and Tripura Tribal Areas Autonomous District Council (TTAADC) in Tripura. They equally should be given a possibility of listening to.
