Itanagar: The Gauhati High Court stripped Arunachal Pradesh ministers of their power to hear municipal defection appeals. A division bench of Justices Kardak Ete and Budi Habung ruled the current setup fails to provide an impartial forum. The August 18 judgment specifically targets the proviso within Section 6 of the Arunachal Pradesh Urban Local Bodies Act, 2014.
Three Pasighat Municipal Council members, Ponung Radeng Saring, Yalop Nyigang Yomso, and Rebeka Panyang, filed the writ petition. They challenged the law after the chief secretary issued a notice for Appeal No. 01/2024 on December 11, 2024. The court kept the chief secretary as the valid appellate authority. It stated the minister represents the political executive, which threatens the independence of the process.
The bench noted that disqualification cases directly impact the makeup of local government. It argued that structure determines public confidence. As the judges wrote, "An adjudicatory mechanism must not only be fair in fact but must also be structured in a manner which inspires confidence in its independence and impartiality."
The court applied the doctrine of severability to remove only the minister's appellate role. It upheld the rest of Section 6. Senior advocate T.T. Tara and G. Bam represented the petitioners, while Advocate General I. Chowdhury stood for the state. The ruling confirms that statutory appeals can exist alongside judicial review under the Constitution.
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