Opposition Members Challenge Legality of Court Fees in Khasi Hills District Council

Shillong: Opposition members of the Khasi Hills Autonomous District Council are calling for the immediate withdrawal of a 2024 executive order that mandates the collection of court and stamp fees. The controversy erupted during the Council's budget session on Friday, as representatives challenged the legislative authority behind these financial charges.

Nongpoh MDC Rona Khymdeit sparked the debate by questioning the specific legal provisions that empower the Council to levy such fees. In response, Deity H. Majaw, the Executive Member in charge of Law and Legal Matters, pointed to a 2024 executive order as the basis for the current collection practice. This explanation failed to satisfy the opposition, leading to sharp criticism from Opposition Leader Titostarwell Chyne.

Chyne argued that relying on an executive order without a foundation in the Sixth Schedule of the Constitution of India or specific statutory law is improper. He insisted that the Council must formalize these charges through proper legal channels. As Chyne stated, "If the order lacked backing from a specific provision of law or the Sixth Schedule to the Constitution of India, it should be withdrawn."

Majaw defended the administration by noting that court fees have been collected since the inception of the District Council courts in 1953. She referenced the Khasi Hills Autonomous District Council Court Fees Rules, established under the Meghalaya Amendment Act of 1993, to justify the current fee structure. According to these rules, the Council charges a 2% fee on the first one lakh rupees involved in a suit and 3% for larger amounts. Despite these historical justifications, multiple members continued to demand greater transparency and a more rigorous legal framework to support the ongoing collection of these fees.

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