Dual posts issue in court

SHILLONG, NOV 3: A division bench of the Meghalaya high court on Monday directed the Meghalaya government to file affidavit following a PIL filed by a women’s NGO seeking disqualification of eight legislators who are holding ‘dual post.’

Admitting the PIL filed by Agnes Kharshiing, president of Civil Society Women’s Organization (CSWO) and also an RTI activist, the division bench comprising of acting Chief Justice UN Singh and Justice SR Sen took up the  hearing on the issue on Monday.

“The court has asked the state government to file affidavit on the issue,” Nitu Syngkon, counsel for the petitioner said after the motion hearing here.

Syngkon informed that the court has also asked the petitioner to serve a copy of the PIL to other respondents including the MLAs who at the same time are members of autonomous district councils in the state (holding dual posts).

The eight legislators named in the PIL featured Meghalaya Deputy Speaker Sanbor Shullai, Cabinet District Council Affairs (DCA) Minister HDR Lyngdoh, Nongkrem MLA Ardent Miller Basaiawmoit, Independent MLA Stephanson Mukhim, Mawsynram MLA Pynshngainlang N Syiem, HSPDP MLA Phlastingwell Pangniang and UDP MLA Brolding Nongsiej.

While seven of the legislators are members in the Khasi Hills Autonomous District Council (KHADC), Mukhim is a member of Jaintia Hills Autonomous District Council (JHADC).

Kharshiing, in her petition states – “As per Rule 17 (1) (a) of the Assam (and Meghalaya) Autonomous Districts (Constitution of District Councils) Rules, 1951 as adopted & amended by the JHADC and KHADC, a person shall be disqualified for being elected as, and for being member of the District Council, if he is a salaried servant of the government of India or government of any state specified in the First Schedule to the Constitution or is an employee of (any) District Council or of (any) Regional Council.”

“The eight legislators are holding the post of the Member of the Legislative Assembly (MLA) prior to their election to the post of the member of district council (MDC) and therefore it has violated the specified provision under Rule 17 (1) (a) and hence they are liable to be disqualified to be such member of the district council,” she said.

As per RTI filed by her enquiring the salaries given to eight legislators from both the offices, each MDC is given a total salary of Rs 38,250 and MLA is Rs 1 lakh.- By Our Reporter