Shillong, March 1: Former MDC and Phulbari MLA S.G. Esmatur Mominin has questioned the legality of making Scheduled Tribe (ST) certificates mandatory for candidates filing nominations for District Council elections.
Mominin said the Sixth Schedule of the Constitution clearly defines the composition of Autonomous District Councils. According to him, a District Council has 30 members — 29 elected through adult suffrage and one nominated by the Governor.
He said adult suffrage means any registered voter above 18 years of age who is otherwise qualified can contest elections. “There is no provision under the Sixth Schedule that reserves the elected seats or makes ST certificates compulsory for contesting,” he said.
Mominin added that any such change can only be made through a constitutional amendment by the Central Government and not by the District Council itself. He also claimed that the Governor’s assent had not been taken for introducing such a requirement.
While he stated that he is not immediately seeking legal action, Mominin noted that if any candidate is prevented from contesting on this ground, the matter could be referred to the competent authority or challenged in court.
The issue comes ahead of the upcoming ADC elections.
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