Mizoram: Gauhati High Court quashes notice to disqualify LADC members
Aizawl: The Gauhati High Court has quashed the notice issued to disqualify two members of the Lai Autonomous District Council (LADC) who joined a party after being elected as the District Council Members (MDCs).
The bench comprising Justices Nelson Sailo and Justice Marly Vankung ruled that the two members L.R. Dingliana Chinzah and N. Zangura cannot be disqualified under the anti-defection law.
Chinzah and Zangura, who were elected as independent candidates, joined the Zoram People’s Movement (ZPM) in June 2024 along with seven other MDCs from the Mizo National Front (MNF).
Following this, LADC Chairman V.L. Hmuaka served show cause notices to Chinzah and Zangura stating that they have violated Rule 11 (6)(b)(c) of the 2010 Rules by joining a political party while elected as independents.
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In a judgement delivered last week, the bench stated that Rule 11 (6)(b)(c) of the LADC (Constitution & Conduct of Business) Rules, 2010, cited by the LADC chairman to justify the disqualification was beyond the powers conferred on the district council and was therefore deemed unconstitutional.
The court struck down the rule, declaring it ultra vires the Constitution and set aside the two impugned show-cause notices issued to the two members.
The High Court held that these rules were framed beyond the powers of the district council, noting that similar cases involving other MDCs had been dismissed on the same grounds.