More than two thousands tribals from Sundergarh district of Odisha under the banner of Sundargarh Zilla Adiwasi Mulwasi Bachao Manch (SZAMBM) have gheraoed the Rajbhawan, Hon’ble Governor’s official residence on Wednesday giving headache to the city police. Marching from the Bhubaneswar railway station, they reached to the Rajbhawan where they gheraoed Rajbhawan and organized a public meeting.
Jorge Tirkey, Biramitrapur MLA, former M.P Braja Tripathy, Letha Tirky(Convenor)and Deme Oram addressed the gathering. In the public meeting, they vehemently criticized the Government of Odisha for anti-tribal stand and made that “despite the Stay imposed by Hon’ble Orissaa High Court on the 14th Nov notification, the Govt. of Odisha do not feel ashamed of and have failed to withdraw the illegal notification till date. While they are in consistent protest against the move of Govt. of Odisha for last two years raising the issue of violation of the Central PESA, Act, 1996, this time they alerted the Govt. to adopt colorful protest in the coming days if the Government does not consider their demand.
In the memorandum they submitted, they have drawn attention of the Hon’ble Governor on the provisions of Art. 244 of the Constitution of India read with Schedule V of the Constitution which vests the independent legislative authority on the Governors of the states which is wide and plenary. This power of the Governor to make regulations for the ‘Peace and Good Government’ of the Scheduled Area (or part thereof) is not restricted to any entry or entries of the legislature list in Schedule 7, but covers wide area of the subjects which could conceivably fall under the provisions of para 5 of the Fifth Schedule to the constitution”.
“The Governor may by public notification direct that any particular Act of Parliament or of legislature of the State shall not apply to a Scheduled Area or any part thereof in the state…..” they claimed. They have further acknowledged the Governor that “Paragraph 3 and 5 of the Schedule V to the Constitution have made it abundantly and explicitly clear that the powers of the Governors are unbridled and unfettered. The Governor may repeal or amend any Act of Parliament or of the legislature of the state or any existing law which is for the time being applicable to the Area in question, when good governance or peace is disturbed due to issues related either with land or money lending” Demanding cancellation of unlawful & un constitutional notification of 14th Nov 2014 for formation of Rourkela Municipal Corporation, they have requested the Governor to maintain peace and good governance within Schedule Areas.They have also appraised the Governor’s House how the Government of Odisha has violated all Constitutional provisions and Laws maintainable at Fifth Scheduled Areas i.e. Violation of Art.244, Violation of Art. 243ZC,Violation of PESA Act 1996,Violation of Forest Rights Act 2006.
While the Hon’ble Governor was absent in the Rajbhawan, a delegation team of 7 representatives i.e Jorge Tirky , Halu Munadari –ex MLA, Letha Tirky (Convenor), Mrs. Lili Kujur(co-convenor), Dewa Kerketta, Deme Oram, Mrs. Tej Kuamri Minz discussed on the issue with the Private Secretary of the Governor and submitted the memorandum.