Guwahati, Jan. 4: Gauhati High Court has issued a showcause notice to Dispur on the appointment of North Assam commissioner as the administrator of the Mising Autonomous Council (MAC).

The court issued the showcause yesterday after hearing a petition claiming that the appointment was done in violation of the Mising Autonomous Council Act, 1995.

The department of welfare of plain tribes and backward classes had issued a notification on December 4, 2010, appointing S.C. Longmailai, the commissioner of North Assam division, as the administrator to run the council for a further period of six months or till elections for the council were held, whichever was earlier.

Former chief executive member of the council, Lakshmi Nath Pangging, filed a petition in the court, challenging the notification.

“Based on his petition, the single-judge bench of Justice Brojendra Prasad Katakey issued a notice to the state government asking it to explain why the notification should not be set aside for violating the Mising Autonomous Council Act, 1995,” Manas Sarania, the petitioner’s advocate, said.

The court asked the government to furnish its reply in the form of an affidavit before January 24, when the case will come up for further hearing.

Sarania said there was no provision in the act for appointment of an administrator to run the affairs of the autonomous council.

“Section 52 of the act provides for holding of elections for the purpose of constitution of general council of the MAC and Section 80 provides that the government should take immediate steps for the constitution of an interim council by nomination until the general council is constituted under the act,” he said.

Sarania said since the government had dissolved the MAC, led by Paramananda Chayengia, vide an order issued on June 30, 2009, it should have constituted an interim council to run the administration till elections were held, according to the act.

“Instead of constituting an interim council, the government appointed the North Assam commissioner as the administrator, which is against the provisions of the act,” he said.

Pangging alleged that the state government was never interested in constituting an interim council.

“After the council was dissolved, the state government constituted an advisory committee with department minister Pramila Rani Brahma as its chairperson to look after the council on July 19, 2010,” Sarania said.

“The high court passed an interim order on September 23 suspending the notification constituting the advisory committee after I filed a petition. Following that interim order, the state government again issued another notification appointing the North Assam commissioner as the administrator, which left me with no other option but to move court again,” Pangging said.