Aizawl: The Supreme Court has set aside a Gauhati high court judgment that allowed simultaneous membership of an autonomous district council (ADC) and the Mizoram assembly, and directed Mizoram’s Chakma Autonomous District Council (CADC) and Mara Autonomous District Council (MADC) to review their rules on dual membership within three months.A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order on a special leave petition filed by Rustom Chakma against the high court’s Feb 4 judgment.Chakma had challenged the removal of a provision barring members of the Chakma Autonomous District Council (CADC) from simultaneously serving as members of the state assembly. Similar restrictions had governed the Mara and Lai autonomous district councils.The high court had dismissed Chakma’s public interest litigation, holding that Articles 101 and 190 of the Constitution did not prevent an ADC member from becoming a state legislator.The Supreme Court observed that all three ADCs should be on an equal footing regarding dual membership, noting that the Lai Autonomous District Council continues to prohibit its members from simultaneously serving in the assembly.It directed the chief executive members of the CADC and Mara Autonomous District Council, as well as the MADC chairperson, to consider withdrawing the rules permitting dual membership. An appropriate decision must be taken within three months, failing which Chakma or the Mizoram govt may approach the court again, the bench said.The ruling could affect legislators who also hold membership of an ADC. However, any requirement to relinquish one of the two positions would depend on the councils’ decisions and the resulting rules.
