Law:

Section:

JUDGMENT: The Judgment of the Court was delivered by GOSWAMI, J. The All Party Hill Leaders' Conference (hereinafter to be described as the APHLC) was constituted as a political party in the composite State of Assam on July 6, 1960. In 1962 the APHLC contested the general elections and secured 11 out of 15 seas in the Assam Legislative Assembly reserved for the Autonomous Hill Distriots of the State of Assam and returned one member 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 the autonomous State of Meghalaya within the State of Assam was constituted under section 3 of the Assam Reorganisation Act, 1969, and the APHLC secured 34 seats in the Legislative Assembly. In 1972 the State of Meghalaya came into being as the 21st State of the Indian Union under section 5 of the NorthEastern Areas (Reorganisation) Act, 1971. In the same year the APHLC contested the general elections and secured 32 seats in the Meghalaya Legislative Assembly out of 60 and returned two members to the Lok Sabha and one member to the Rajya Sabha. It is claimed by the appellant that the APHLC is a vibrant and fully functioning political party. It has a high reputation for its national and patriotic outlook and its adherence to non-violence, constitutionalism, communal harmony and the spirit of moderation. APHLC has been influential not only in securing stability in the area in which it operates but also in bringing the various tribes of the North East into the national stream. In the implementation of national programmes APHLC has co-operated with the Indian National Congress but APHLC has always remained essentially a state party. The essence of APHLC, says the appellant, is the autonomy and security of the small hill tribes of the North East whose party it is and who do not wish to lose their identity as such. The appellant further asserts that it is in the national interest no less than the interest of these small hill tribes that they should possess a sense of unity and Organisation within the APHLC which in turn maintains the best of relations with the Indian National…

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