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Mizoram Governor assumes all functions or powers vested in 6th schedule Chakma Autonomous District Council


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

Dr Lalrozama Secretary to the Government of Mizoram in a notification stated, ” whereas Buddha Lila Chakma submitted his resignation from the post of Chief Executive Member, Chakma Autonomous District Council as provided by Rule 24(1)6) of the Chakma Autonomous District Council (Constitution, Conduct of Business, etc.) Rules, 2022. And the said resignation was accepted by the Governor on 17.11. 2022.And whereas upon the resignation of Buddha Lila Chakma as Chief Executive Member (CEM), Rasik Mohan Chakma staked claim to be the sixth CEM of the 10th CADC. Governor is of the firm opinion that this constant change of administration due to political manoeuvring is extremely damaging for the welfare of the CADC and its people, and is certainly not what is intended by the Sixth Schedule of the Constitution of India, which envisions the effective administration of the tribal areas”.

The notification added, “And whereas at the same time, the Commission constituted under Para 14 of the Sixth Schedule has submitted its Report, stating that in the absence of Recruitment Rules, a number of irregular activities have occurred in the CADC without following proper procedures. The absence of Recruitment Rules itself is in violation of Para 216) (h} of the Sixth Schedule, which states that there should be rules for the appointment of staff of the District Council.And whereas, as provided under Para 16{2) of the Sixth Schedule, Governor is satisfied that the administration of the CADC cannot be carried on in accordance with the provisions of the Sixth Schedule.Now, therefore, in exercise of the discretionary powers conferred by Para 16(2) read with Para 20BB of the Sixth Schedule to the Constitution of India, the Governor of Mizoram is pleased to assume all function or powers vested in or exercisable by the Chakma Autonomous District Council, and appoint the Deputy Commissioner, Lawngtlai District as Caretaker on his behalf to exercise such functions or powers vested in or exercisable by the Chakma Autonomous District Council with immediate effect for a period of 6 (six) months until further 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 of political maneuvering damaging welfare of the CADC and its peoples and the absence of recruitment rules of the staff is bad in law, arbitrary and without any nexus. The CADC is a constitutional body having its own house and as per the constitutional scheme of things laid down by the Supreme Court in S R Bommai case, all that matters is whether a party in question has the majority to prove on the floor of the house or not. The same was not done by the Governor.”
“If political maneuvering damaging the welfare of the people is the ground for imposition of the Governor’s or President’s Rules, the same rule can be imposed in all the Autonomous District Councils, States and India too. If the absence of recruitment rules is the ground for imposition of the Governor’s Rule, the Gauhati High Court had struck down the resolution through which the Central Bureau of Investigation was set up and held all its actions as unconstitutional and the said judgment has not been overturned by the Supreme Court as yet. Shouldn’t the President’s Rule be imposed in India? If there are specific allegations, appropriate actions must be taken but the constitutional guarantees cannot be set aside in this manner,” Chakma stated.



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