SHILLONG, MAR 15: Opposition legislators on Tuesday indirectly sought disqualification of PN Syiem, who is still holding the post of CEM in the KHADC and continuing as a legislator, even after the amendment to the Act passed last year preventing a member to hold two elected posts.
They also expressed dissatisfaction as the ruling Congress government is not initiating any action against Syiem, who is also a Congress legislator, and said they fear that they will be made “clowns” in the eyes of the public.
While raising his concern on the issue during the Assembly session, HSPDP chief Ardent M Basaiawmoit said that if the government fails to act on a person (Syiem) who violates the act, those who have resigned will only be made to look like “clowns”.
Basaiawmoit, who sought to know who is the authority that can initiate action against violators of the act, was not satisfied with the reply of the Deputy Chief Minister in-charge Law Rowell Lyngdoh who only said, “Action will be taken as per Constitution and under different laws pass by legislature and parliament.”
According to Lyngdoh, the Governor has referred the matter to the Election Commission of India.
Syiem, is the lone legislator who refused to relinquish his dual posts (MLA/MDC) as a mark of protest against the passing of the Disqualification of Prevention (Members of Legislative Assembly) (Amendment) Act, 2015, last year.
Subsequent to the passing of the Act and its coming into force on October 1, 2015, seven legislators including Basaiawmoit had tendered their resignations as members of the KHADC and JHADC due to fear of disqualification.
Lambasting the ruling Congress for failing to reign in its own member, Basaiawmoit said, “This failure only prove that the ruling party is making a mockery of a law and hence lowering the dignity of this august house.”
While questioning the delay to take action against Syiem, he also sought assurance from the government to clear the ‘air of doubt’ on its sincerity towards implementing the Act.
On this, Lyngdoh said, “It depend upon the individual whether they are law abiding or not. Every citizen knows that the law has been passed and enforced. But I think law makers are not the ones to take action.”
In the course of the debate, Congress legislator PN Syiem stood up and asked, “Am I who violated the Act or respected the provision of the Constitution of India.”
He also asked whether the government has any jurisdiction to implement the act for disqualification while referring to Article 191 and 192 of the Indian Constitution.
To this, the chief minister Mukul Sangma replied that the state government has only amended the Act and the immunity provision to protect MLAs who are MDCs is not there anymore. “It is however not the job of the state government to act under Article 191 and 192 of the Constitution,” he said.
To a repeated query of Basaiawmoit on why the government has failed to take action, Lyngdoh said, “This is not the responsibility of the House to dispose off that type of cases. It is for the law to see how to deal with such cases.”
Alleging that the word “enforced” in Act itself has failed, Syiem enquired whether the state government intends to bring any new amendment to the said Act, to which Lyngdoh replied on the negative.-By Our Reporter
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