The Gauhati High Court on Tuesday ordered a “composite floor test” in Assam’s Bodoland Territorial Council (BTC) on or before December 26.
The court also barred the new executive council formed by a three-party alliance, including the BJP, from taking any major decisions till the matter is resolved.
The single-judge bench of Justice Suman Shyam passed the order after hearing a petition by the BTC’s former chief executive member Hagrama Mohilary and other leaders of his political party, the Bodoland People’s Front (BPF). The petitioners had challenged the constitutional validity of the appointment of Pramod Boro as the Council’s chief executive member, Gobinda Basumatary as his deputy and three others as executive members.
Mr Boro’s United People’s Party Liberal (UPPL), the BJP and the Gana Shakti Party (GSP) had formed a post-poll alliance to take control of the Council.
The petition said the Election Rules, 2004, were violated when the Governor allowed the UPPL-BJP-GSP combine to form the Council instead of inviting the BPF, which won 17 of the 40 BTC seats to emerge as the single largest party. The UPPL-BJP-GSP totalled 22 seats while the lone Congress member joined the BJP.
The BTC falls under the Sixth Schedule of the Constitution and the Governor is its constitutional head. The Council administers the Kokrajhar, Chirang, Baksa and Udalguri districts of Assam.
The court ruled that on the day of the composite floor test, to be convened by the Assam Governor, Mr. Boro and Mr. Mohilary or someone projected by his party will have to prove majority during voting. Six members who were earlier nominated by the BTC were barred from taking part in the floor test.
The swearing-in of the new heads of the BTC was held in western Assam’s Kokrajhar on December 12, three days after the results were declared.
The BPF, otherwise a constituent of Assam’s BJP-led coalition government, ruled the BTC for 17 years since its creation in 2003 as a political solution to the Bodoland statehood movement. The BPF’s tenure ended with the dissolution of the council on April 27.
