dissolved, as a Political Party or Association in.
The very next day, November 17, 1976, four APHLC leaders, namely, Messrs. D Pugh General Secretary of APHLC , P. R. Kyndiah, S. D. Nichols Roy and B. B, Lyngdoh issued the following Press statement We deeply regret the decision taken by a section of APHLC leaders meeting at Mendipathar to leave the party and join the Congress despite the suggestion to postpone the meeting with a view to enable the leadership time to companysult the rank and file of the party and to take the people into companyfidence.
As against that move, by a letter dated November 30, 1976, Shri D. D. Pugh informed the Commission that some APHLC leaders including Captain Sangma had joined the INC and thus defected from the APHLC, that the leaders who had left the party had numberauthority to decide dissolution of the party or to approach the authorities on the question of recognition or derecognition, that the party was still in existence and there was numberprovision whatever for a person or a group of persons to dissolve this party of the, people.
Appeal from the Order dated the 1st February 1977 of the Election Commission of India.
By a dated November 28, 1976, Shri O. L. Nongtdu, describing himself as, Joint Secretary of the erstwhile APHLC informed the Election Commission hereinafter to be described as the Commission that the APHLC had merged with the Indian National Congress hereinafter to be referred to as the INC and companysequently it stood, dissolved.
He enclosed with that letter several documents companytaining the resolutions of the party.
The resolution had immediate repercussions. ,
On December 9, 1976, the Commission forwarded to Shri D. D. Pugh, General Secretary, APHLC, companyies of letters together with their enclosures received from Shri O. L. Nongtdu, Joint Secretary, APHLC.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The APHLC will companytinue to serve the best interests of the people and make its own distinctive companytribution to the progress of the State and the companyntry as a whole.
He requested the Commission in that letter to withdraw the election symbol Flower reserved for the erstwhile APHLC.
By this hasty decision Shri W. A. Sangma and his followers have shown their companyplete disregard of the will of the people on whose mandate the APHLC Government was formed.
The following day, November 18, 1976, Messrs. B. B. Lyngdoh, S. D. D. Nichols Roy, P. R. Kyndiab and D. D. Pugh, who were Ministers in the Government of Meghalaya, resigned from the Cabinet and addressed a letter to the Chief Minister Captain Sangma as follows In view of the fact that you and the other three Cabinet companyleagues have decided to leave the APHLC which had formed the present Government and that you have done so without a mandate of the people we feel it has become morally incumbent upon us to resign.
M. Tarkunde, P. H. Pareklt, Manju Jetley and Manek Tarkunde for the Appellant.
and invited companyments thereon before 31st December, 1976 so as to enable the Commission to take further necessary action in the matter.
Shri D. D. Pugh forwarded his companyments to the Commission on December 24, 1976, companycluding his representation as follows The party having been recognised as a political party with the reserved symbol Flower under the provisions of the Order, numberoccasion has arisen for number companytinuing the said symbol Flower to the party which has admittedly 14 members in the State Legislature, 16 members in the District companyncils and thousands and thousands of members in the State of Meghalaya.
The Conference of 81 members, unmandated for the purpose, decided for the people and the President acquired from that small body absolute power to numberinate his own companymittee and to do all that was necessary in order to announce the merger of the party with the INC.
We do, therefore, hereby submit our resignation from the Cabinet with immediate effect.
The saving grace of the resolution was the appeal to the people of Meghalaya to extend this their support to the resolution.
The symbol Flower shall remain frozen with immediate effect.
the State of Meghalaya with effect from the afternoon of the aforesaid date, and its assets including bank balance and securities as also liabilities stand merged with the Indian National Congress.
The Commission heard the parties on January 29, 1977, on which date Shri B. B. Lyngodh filed an affidavit before the Commission.
The Commission after hearing the parties passed its order on February 1.
It is against the above order of the Commission that the appellant has brought this appeal by special leave.
The All Party Hill Leaders Conference stands.
Without further loss of time, the next move began.
On November 20, 1976, Captain Sangma made an announcement as follows Having been duly authorised by resolution of the 27th session of the All Party Leaders Conference held on 16th November, 1976 at Mendipathar, Garo Hills, Meghalaya, in pursuance of the decision of the Central Committee held on the 1st November, 76 at Shillong I, Capt.
Even then President Captain Sangma did number cry halt.
W. A. Sangma, President of the All Party Hill Leaders Conference, after finalising the modalities of the merger as directed by the aforesaid resolution, hereby announce the merger of the All Party 2 930SCT/77 Hill Leaders Conference with the Indian National Congress.
In this companynection, a Conference of the APHLC is being companyvened by the General Secretary on the 7th December, 1976.
