SHILLONG, SEPT 24: The Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Amendment Bill, 2015 was passed through voice vote rejecting the opposition demands for amendment to the bill. The bill will prevent members of the assembly from also holding the post of an MDC.
The amendment seeks to delete item 9 from the Schedule to the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972.
HSPDP legislator KP Pangniang, also a member of the Khasi Hills Autonomous District Council (KHADC), tabled the amendment bill seeking for the implementation of the bill from March 1, 2019, in place of October 1, 2015. The term of KHADC will expire in 2019.
Opposition leader Donkupar Roy and others from the opposition supported the amendments tabled by Pangniang.
Supporting the amendment tabled by Pangniang, HSPDP MLA Witting Mawsor termed the bill as an “ambush bill.” He said that the bill is like hitting somebody from the back or as they say in Khasi ‘tied klep’ or in Garo ‘janggil chini go’a’.
Mawsor wanted the government to send the bill to the select committee even as he wondered if there are any “hidden agenda” behind the tabling of the bill. He told the assembly, , “We should follow the example of the farmer – sow the seed in summer, and harvest in winter. A perfect bill should be implemented at a perfect time. This is not the appropriate time to implement the bill.”
Opposition leader Donkupar Roy gave Assam and Mizoram laws that protects assembly member who are also members of the district councils. He questioned, “If other states can prevent the MLA from disqualification, why not in Meghalaya?”
Roy also argued that the House violated the rules it has been following for years, as it was discussing a subject, which is still in the domain of a court of law. He said that some reports suggested that the purpose of the bill was to target the present chief executive member of the KHADC.
“If a law is made to target just one person, many will be affected. But if this bill is brought prior to the election, perhaps everyone will accept it. The spirit (of the bill) is good, but the timing is wrong,” Roy added.
Before resuming his seat, Roy pleaded that the bill be sent to select committee which will decide which post is an office of profit.
Those who took part in the debate included UDP MLAs Paul Lyngdoh, Metbah Lyngdoh and HB Nongsiej, HSPDP MLA Ardent M. Basaiawmoit and Independent MLA John Leslee K. Sangma.
From treasure bench senior Congress legislator DD Lapang stood up to defend the government by differing with Opposition MLAs as he said it was “not wise” to delay the matter, and the amendments should not be accepted.
Chief minister Mukul Sangma, taking part in the debate, said it was incorrect to perceive that the legislation was undertaken to target someone.
Differing with opposition that the time was not right to pass the bill, Sangma said, “When will the right time come? Is today not the right time? We do not legislate to have a prospective effect. There is also no question of malafide intention or ambush.”
Sangma argued the legislation is about “setting things right in the spirit of the Constitution so that we are able to confront a situation without being caught unaware”.
While replying to the debate deputy chief minister in-charge law Rowell Lyngdoh said the members agreed to the principle of the bill but the difference was on the timing of its implementation.
Lyngdoh said, “Due to certain compelling reasons, the bill cannot be made effective from March 1, 2019. Laws passed are either with immediate effect or retrospective effect, but not with prospective effect,”
Lyngdoh instead said the intention of the bill is to protect the interest of the legislators and asserted there was no malafide intention.
Lyngdoh informed that the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972 if subject to judicial scrutiny, it might jeopardise the interest of MLAs.
Lyngdoh was of the opinion that the amendment should have been tabled long ago but nonetheless the government felt it is high time to bring this amendment and said this amendment has to be adopted.
Lyngdoh requested Pangniang to withdraw the amendments.
As Pangniang refused to withdraw, Speaker AT Mondal put the amendments to voice vote which was overwhelmingly rejected. – By Our Reporter
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