SHILLONG, OCT 9: Meghalaya High Court on Friday referred the Public Interest Litigation (PIL) seeking disqualifications of MLAs holding dual post to the full bench headed by Chief Justice Uma Nath Singh for final decision on the issue.
In its order issued on Friday, the division bench comprising Justice TNK Singh and Justice SR Sen said, “We are of the considered view that such important issues are required to be decided by the full bench. Registry is directed to place this matter before the Chief Justice for his pleasure to constitute the Bench.”
The next hearing on the PIL has been fixed on October 14, the division bench has also directed the Registry to send copy of the order to the Principal Secretary to the Governor of Meghalaya, Special Law Secretary, Government of Meghalaya, and Secretary, Meghalaya Legislative Assembly.
The order also came a day after the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) Bill, 2015, which seeks to end the culture of holding dual elected posts by MLAs like MDCs received the assent from Governor V Shanmuganathan.
On this, the bench said, “On bare perusal of the said Act, 2015, it appears that the present MLAs who hold the dual post i.e. the post of Chairman, Chief Executive Member and other Executive Member, or ordinary member of a District Council in Autonomous District or any member nominated in District Council are “no more protected from disqualification”.”
The order, however, said this question is left to the competent authority under Article 192 of the Constitution of India to take appropriate decision in his wisdom as to the disqualification of MLA holding the dual post in view of the “Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015.”
According to the order, it is also made clear that pendency of the present writ petition shall not cause any prejudice or bar the authority under Article 192 of the Constitution of India in taking his decision.- By Our Reporter
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