SHILLONG, JUNE 1: Vindicating the stand of the Khasi Hills Autonomous District Council (KHADC) chief executive member Pynshngainlang Syiem that he cannot be disqualified for simultaneously holding the post of MLA and MDC, Meghalaya governor V Shanmuganathan on Wednesday said Syiem has not attracted disqualification’.
In his order issued on Wednesday, Shanmuganathan said, “In accordance with the opinion of the ECI, I hereby decide under Article 192 (1) of the Constitution that Pynshngainlang Syiem, MLA has not attracted the disqualification under Article 191 (1) (a) of the Constitution. The matter is disposed off accordingly.”
The ruling is a big blow to the state government that had passed an act in the state assembly that forbids MLA from also holding the dual post of MDC and violation of the act would attract disqualification.
Immediately after the ruling six MDCs- who are also MLAs- quit their post from KHADC and one from JHADC fearing that they would be disqualified.
However, Syiem was the lone MLA and MDC who refused to quit the post either from KHADC or the state assembly,
The state government had petitioned against Syiem on November 28, last year following the passing of the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015 which seeks to end holding of dual posts by MLAs.
Referring to the government letter, the governor said that a question arisen as to whether Pynshngainlang Syiem, MLA has become subject to disqualification under Article 191 (1) (a) of the Constitution since he is also simultaneously an elected MDC of the KHADC.
In term of Article 192 (2) of the Constitution, the matter was referred to the Election Commission of India on November 30, 2015 seeking the opinion of the commission.
“The opinion of the Election Commission of India received on May 16, has been placed before me and I have perused the same,” he said.
Shanmuganathan said, “The ECI has opined that Pynshngainlang Syiem, MLA cannot be said to be holding an office of profit under the government within the meaning of Article 191 (1) (a) of the Constitution.”
“Consequently, Pynshngainlang Syiem, CEM of KHADC has not attracted the disqualification under Article 191 (1) (a) of the Constitution,” he added.-By Our Reporter
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