Shillong, Jan. 8: The chief executive member of the Khasi Hills Autonomous District Council (KHADC), P.N. Syiem, today wrote to governor V. Shanmuganathan informing him that under the Sixth Schedule of the Constitution, any aid and advice by the state council of ministers in matters of appointing a nominated member of an autonomous district council was illegal and unconstitutional.

The letter came a day after the Meghalaya cabinet decided to resend former KHADC member Irin Lyngdoh's name to the governor. The KHADC had recommended J. Reenbohn, former judge of district council court, as a nominated member of the council.

In today's letter, Syiem informed the governor that the ministry of law and justice had examined this issue in detail and obtained the opinion of the attorney general of India, who said: "In performance of the functions and exercise of powers under the Fifth Schedule, the governor is not bound by the aid and advice of the council of ministers of the state."

"The legal position is same with regard to the performance of the functions and exercise of powers by the governor under the Sixth Schedule," Syiem said in the letter, urging the governor to disregard the advice of the cabinet.

Syiem also said Reenbohn, a distinguished non-political person and former judge, could contribute immensely to the district council.

Similarly, members of the Garo Hills Autonomous District Council (GHADC), led by deputy chief executive member Augustine R. Marak, met the governor today evening to express reservations against any move of the Meghalaya government to dump the name of Conrad K. Sangma as a nominated member. The GHADC had already recommended Conrad's name to the governor as a nominated member of the council.

After the meeting with the governor, Marak said the governor had promised to look into the issue. He also said the governor had stated that "nobody can go against the Constitution".

"We are upset over the delay in forwarding the name of Conrad to the governor and the file is still lying with the chief minister," Marak said.

The GHADC members also urged the governor to approve the name of Dipul R. Marak as executive member in the place of Mark Goera B. Marak.

The members also spoke to the governor about his proposed visit to the Garo hills to address members of the GHADC in the upcoming session of the council.

Yesterday, Meghalaya chief minister Mukul Sangma claimed that the responsibility was with the state government as far as selection of nominated members of the district councils was concerned.

Meghalaya has three district councils. Each council has a total strength of 30 members, which includes 29 elected members and one nominated member.