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HC directive on holding floor test in BTC

By LAW REPORTER/STAFF REPORTER

GUWAHATI, Dec 22 - The Gauhati High Court on Tuesday directed the Bodoland People�s Front (BPF) and the United People�s Party Liberal (UPPL) to go for a composite floor test to elect the Chief Executive Member of the Bodoland Territorial Council (BTC).

While hearing a writ petition filed by BPF supremo Hagrama Mohilary and five other newly elected members of the BTC, Justice Suman Shyam directed both the parties to conduct the composite floor test on or before December 26. This is the first time in the history of Assam that a composite floor test will be held.

The court also directed that the Council would not be able to take any major policy decision before their majority is proved through voting of the elected members. The court also ruled that the six newly-nominated members of the council will not be able to take part in the process (floor test).

The writ petition contended that the Chief Executive Member (CEM) and other members of the BTC were elected in violation of the constitutional provisions. Although the BPF had emerged as the single largest party bagging 17 seats, the BJP joined hands with the UPPL that won 12 seats to form the council.

The BTC was formed on December 15 with UPPL chief Pramod Boro being sworn in as the CEM after the State government by a notification dated December 14, 2020 constituted the executive council of the BTC nominating UPPL�s Pramod Boro and five others.

The BPF supremo in his petition stated that the council was formed in contravention of the provisions of the Bodoland Territorial Council (Election) Rules, 2004 and as well as the provisions of the Assam Autonomous District (Constitution of District Councils) Rules, 1951.

The petitioners were represented by senior advocate Anan Kumar Bhuyan.

The case is fixed for further hearing on January 11, 2021 and the parties have been directed to file their response in the meantime.

The court in its last hearing had directed the newly-formed BTC to maintain status quo.

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