NEHU derecognizes NEHUTA 2020-21 election, terms it unconstitutional

SHILLONG: The North-Eastern Hill University PRO (Personal Relations Officer) G Umdor has informed in a press release that "despite several directives, the North-Eastern Hill University Teachers' Association (NEHUTA) continues to hold office unconstitutionally and is also sending communication to university, media and others".

The term of the Executive Committee (2019-2020) has already expired (early May, 2020) in accordance with the Clause 8 of the Constitution of NEHUTA. Further, Regulation 2 of NEHUTA Constitution provides for the Conduct of Election, as follows:

2. Election Committee:

2(i) The Executive Committee shall recommend constitution of an Election

Committee of five members including the convener and present the same to the General Body of the Association in its first meeting for its Consideration and approval. The Election Committee shall be notified after approval of the

General Body.

(ii) The Election Committee shall be responsible for conducting Elections to any vacancy that may arise during the year and also the new Executive Committee that shall have to be constituted at the end of the term of the incumbent Executive Committee."

"Clause 8. TERM OF OFFICE: The term of office of the EC shall be one year. If at the end of the year, a new EC could not be constituted because of any unavoidable situation, the incumbent EC shall continue to hold office in caretaker capacity till the next EC takes over. The matter shall, however, have to be subsequently reported to the General Body for approval."

The release added, "An online meeting could have been held for approval by the General Body before the expiry of the term of the previous Executive Committee (2019-2020) regarding the next Election Committee/ continuation of the earlier Executive Committee (2019-2020) in care taker capacity.

"Therefore, in view of the above provisions, the Notification dated 29th May 2020, signed by ex-president Prof. XP Mao purportedly as president, NEHUTA and ex-general secretary Dr MM Khymdeit as general secretary notifying the members of the Election Committee (for election of office bearers / members of NEHUTA Executive Committee 2020-21) stands null and void and amounts to manipulation / misrepresentations and is in violation of NEHUTA Constitution.

"It may be pointed out that NEHUTA Constitution cannot override the NEHU Act and Statute, and the NEHUTA Constitution is subservient to the NEHU Act. According to Statute 44 of the NEHU Act and Statute, the Teachers' Association has been established and its functions should be in accordance with the provisions of said Statute 44.

"Further, some statutory provisions pertaining to Employees Associations of the Statute 44 are re-produced hereunder:

"44 (1). The following associations may be established by the employees of the University: (i) Association of teachers of the University. (3) No association shall act in any manner whatsoever which may bring down the image of the University and which may be detrimental to the achievements of the objectives of the University laid down under the North-Eastern Hill University Act, 1973." (4) The University may derecognise or suspend recognition of an association for any good and valid reason including breach of conditions of the constitution, the violation of the provisions of the Act, Statutes or Ordinances of the University."

The release pointed out, "Any unconstitutional activity on the part of EC/ NEHUTA, and also any action by EC / NEHUTA which damages the image of the University may invite invoking of Statute 44 (4).

"Thus, keeping in view the provisions of NEHUTA Constitution / Regulation, it is established that the Election Committee is invalid and the Executive Committee 2020-21 is unconstitutional and null and void. Further, any communication sent by the NEHUTA office bearers to the University / anywhere, including media, and also any meeting / proceedings of the meeting of General Body / EC after 7.5.2020 has no locus standi."

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