ALL PARTY HILL LEADERS' CONFERENCE, SHILLONG versus CAPTAIN M.A. SANGMA & ORS.

Citation: [1978] 1 S.C.R. 393 · Decided: 12-09-1977 · Supreme Court of India · Bench: P.K. GOSWAMI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

'· 
• 
393 
ALL PARTY HILL LEADERS' CONFERENCE, SHILLONG 
v. 
CAPTAIN M.A. SANGMA & ORS. 
September 12, 1977 
[P. K. GOSWAMI, A. C. GUPTA AND S. lv!URTAZA FAZAL ALI, JJ.J 
Constitution of India, Articles 136(1), 324 and 327-Election Cun11nissioa, 
whether a Tribunal-Representation of People Act, 1951-Sec. 169-Tlze Con-
duct of Elections Rules 1961-Rules 5 and 10-Election Sy1nbol (Rl'Sen:ation 
and Allotment)Order 1968-Dissolurion of a political party-Whether test of 
niajori1y applicable. 
A 
B 
All Party Hill Leaders' Conference was constituted as a political party in the 
composite State of Assam in 1960. 
Jn 1962, APHLC contested General Elec-
C 
tions and secured 11 out of 15 seats in the Assan1 Legislative Assembly reserved 
for the autonomous Hill districts of the State of Assam and returned one mem· 
ber to the Lok Sabha. In 1967 it contested the General Elections and secured 
9 seats in the· Legislative Assembly and returned one member to the Lok Sabha. 
In 1970, an autonon1ous State of 1\.!eghalaya within the State of Assam 
\Vas 
constituted under s. 3 of the Assam Reorganisation Act, 1969 and the APHLC 
secured 34 seats in the Legislative Assen1bly. 
In 1972, State of 1feghalaya can1e into being. 
Jn the same year APHLC 
D 
contested the General Elections and secured 32 seats in the Meghalaya Legisla· 
tive Assembly out of 60 and returned 2 members to the Lok Sabha and 1 member 
to the Rajya Sabha. 
In August 1976, (icneral Conference of APHLC discussed 
the question of n1erger with the Indian National Congress and decided that there 
~hould be no merger but friendly relations should be strengthened. 
In Noven1· 
ber 1976, in a meeting of the Central Olftce bearers Comn1ittce which 
is the 
executive body of the APHLC capt. Sangma v.·ho was the President of APHLC 
as well as the Chief Minister of Meghalaya made an announcen1ent that the 
Congress High Comn1and had rejected the resolution of friendly relations 
and 
E 
that it had insisted that the APHLC should n1erge \Vith the 
Indian 
National 
Congress. 
It v.·as, therefore. decided to call a meeting of the General Confe-
rence in November, 1976 ';to reviev.r the implementation o:f the political re<;olu· 
tion of the Conference held at Shillong on 19th and 20th August, 1976." The 
agenda, however, did not specifically mention about the discussion of the issue 
of merger. 
There was a storm of protest from several quarters. 
On 4-11·1976, 
the 
F 
·Executive Committee of the Khasi l-Jills District expressed grave concern about 
the n1atter and requested President Sangma to postpone the Conference. 
On 
8·11-1976, several leaders from Garo Hills including the then Chief Executive 
1\-tember of the District Council and the then Chairman of the Garo Hills Dis-
trict Conference presented a Memorandun1 to Capt. Sangma requesting 
post-
ponement of the Conference so that the lenders and the \liOrkers of the 
party 
have enough time ·to consider the matter. On 10th and 11th November, 1976 
the Executive Committee Khasi Hills District decided not to participate in the 
Conference. The Committee further appealed to the President of the Party for 
G 
postponement of the holding of the proposed Conference to enable the leader· 
ship to take the rank and file of the party and the pcop1e into confidence. 
On 
14th November, 1976, the Shillong Unit of the Patty by a resolution requested 
Capt. Sangma for giving the leai:lcrs nnd members of the party time and oppor· 
tunity to consider all aspects of the nlcrgcr issue. 
Notwithstanding the opposition, the Conference was held on 16-11·1976 
whic~ was at~ended by 8~ delegates out. of 121 and a resolution was passed 
unan1m~usly in favour of the merger with the Congress. 
The n1eeting authoris-
H 
ed President Sangma to form a committee consisting of 5 n1embers to v.·ork out 
the modalities, technicalities and details of the tnero-er with the Indian National 
Congress in consultation \Vi th the Congre:;,s 
High~ Command. 
Although 
the 
A 
B 
c 
D 
E 
F 
G 
H 
394 
SUPREME COURT REPORTS 
[1978] l s.c.R. 
resolution recalled the part played by the people in constituting a common poli-
tical platform the appeal by a vocal section of the party to go back -to the people 
to ascertain their wish as to' obliteration of the platform constituted by 
them 
fell on deaf ears. 
The Conference of 81 members unmandatcd for the purpose 
decided for the people and the President acquired from that small body absolute 
power to nominate hi
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