NEW DELHI, Oct 13 - Citing the ensuing Assembly polls in Bihar notwithstanding the COVID-19 pandemic, a group of peace talks mediators for the NDFB has filed a petition in the Supreme Court demanding quashing of imposition of Governor�s rule in the Bodoland Territorial Council (BTC).
Rajkumar Prithviraj Narayan Dev Mech and Thulunga Basumatary, peace talk mediators for the NDFB for the Third Bodo Accord, have also sought direction from the apex court for conducting the BTC election at the earliest against the backdrop of the Bihar polls.
Briefing newsmen here on Tuesday, the two leaders demanded quashing of the notification no. TAD/BTC/250/2020/30 of April 27, 2020 regarding imposition of Governor�s rule in BTC.
The duo contended that as the notification was not approved within 30 days by the State Legislative Assembly, which commenced on August 31, 2020, the notification imposing Governor�s rule in BTC has become null and void, as well as infructuous by law with effect from October 1, 2020.
The two Bodo leaders said that considering the facts and circumstances of deferring of the BTC election and incapability of conducting the polls, the Governor only took advice from the Advocate General of Assam, but did not take aid and advice of the Council of Ministers or Cabinet approval while invoking Governor�s rule and appointed an IAS officer as the BTC Administrator to exercise the powers and functions on behalf of the Governor.
The Governor, being a �Constitutional head of State� but not the political or elected head, is empowered to act only on the aid and advice of the Council of Ministers, although in this case, the Governor unilaterally imposed his views and that too violating the Constitutional provisions.
The discretionary power the Governor exercised while imposing Governor�s rule in the BTC can only be applied under paragraph 20 BA of the Sixth Schedule of the Constitution of India. However, this provision cannot be applied to the BTC as this provision only applies to the North Cachar Hills Autonomous Council and the Karbi Anglong Autonomous Council, they claimed. Therefore, the notification of April 27, 2020 does not qualify to be in force in BTC, they contended.
They said that the Governor, to satisfy himself with the privileges of the legislature and executive powers of the BTC, is intending to extend Governor�s rule and not hold the BTC election on the grounds of the COVID-19 pandemic, but at the same time, the Assembly polls have been declared and notified to be held in the larger state of Bihar by the Election Commission of India.
On the other hand, in the much smaller territorial region like BTC where holding of election with COVID-19 safety measures would be indeed easier and less time-consuming than in any other bigger State, people have been deprived of exercising their democratic rights, the petition argued.
