SHILLONG, OCT 13: NGOs on Tuesday sought the intervention of the Meghalaya Governor to take up the matter with the centre to prevent holding of dual posts by bringing amendment to the Constitution of India.
At the same time, the ngos have also demanded that the state assembly speaker to dismiss out rightly any complaint against MLA, who is MDC, since the district council is not an office under the state government as per Article 191.
The demand came following the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) (Amendment) Act, 2015 which was recently notified after it received the assent of the Governor.
“We urged you to intervene into the matter by taking up the issue with the Centre in bringing out appropriate amendments to the Constitution of India so as to prevent any person (s) from holding dual post in future,” Irene Hujong led CSWO and Kynhun Peitngor president Teibor Dkhar said in a letter to the Governor V Shanmuganathan on Tuesday.
Stating that they are also concerned on the issue of holding dual elected post, the leaders informed that the matter was raised to the Chief Election Commissioner of India on June 28, 2012.
“However, in reply to our letter, the Election Commission of India has specifically made it clear that an elected member of a local Authority is not a disqualification for membership of a State Legislative Assembly since its being not an office under the Government by referring to Article 191 to the Constitution of India,” they said.
Hujon and Dkhar said, “Hence, it is understood that the issue is not within the purview of the State Legislature but it is under the Parliament and the provision of the Sixth Schedule.”
Meanwhile, in a letter to the Assembly Speaker AT Mondal, the two leaders said, “Such being the case, disqualification provided under Article 191 of the Constitution of India would not apply to Members of Legislative Assembly holding also the post of Member of the District Council.”
“Therefore, any complaint to the effect should be dismissed outrightly as it would be frivolous and without any merit,” they added.
Unlike the seven who have immediately resigns as MDCs of KHADC and JHADC, Congress legislator PN Syiem, who is also the KHADC CEM, alone has refused to relinquish the dual post MLA and MDC, as part of his non-cooperation movement against the state government.- By Our Reporter
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