Supreme Court of India

Pu Myllai Hlychho and Ors. v. State of Mizoram and Ors.

Neutral citation

Reported as [2005] 1 S.C.R. 279

Bench R.C. Lahoti J.

Decided 11 January 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the Governor was bound by the aid and advice of the Council of Ministers and the termination of the four members from the MADC by order of the Governor on 5.12.2001 was perfectly in accordance with the Constitutional provisions and the Sixth Schedule to the G Constitution.

Judgment, page 16

From the headnote

Constitution of India, 1950-Sixth Schedule as amended by (Constitution (Amendment) Act, 1988)-Paragraph 2(1), 2(6A), 20 BB, Article 163: Formation of District Councils-Nomination of members by the Governor in consultation with Council of Ministers-Held, Governor vested with discretionary power to nominate members-Mere consultation with Council of Ministers would not mean that Governor failed to exercise discretionary power vested in him-Nomination held valid District Councils-Nominated Members-Termination of membership- Validity of-Scheme prescribing nominated members to hold office at the

Authorities it was built on

1969 A. K. Kraipak & Ors. Etc. v. Union Of. India & Ors. cited by 79

Where later benches applied it

2016 State of U.P. and Ors. v. Z.U. Ansari followed
2016 Nabam Rebia, and Bamang Felix v. Deputy Speaker and Others referred to
2013 State of Gujarat & Anr. v. Honble Mr. Justice R. A. Mehta (retd) & Ors. referred to
2018 Government of Nct of Delhi v. Union of India & Another mentioned

Of those, 1 followed · 2 referred to · 1 mentioned

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