SHILLONG, NOV 13: Meghalaya Governor Ganga Prasad today said that he would act as per Article 192 of the Constitution of India on whether to disqualify the 17 MLAs, who have resigned as parliamentary secretaries, after their appointments was declared invalid.
Prasad conveyed this to Madal Sumer, the petitioner of the public interest litigation (PIL) filed against the appointment of parliamentary secretaries by the Congress-led state government, who met him along with other concerned citizens here on Monday.
Sumer in his petition submitted to the governor urged Prasad to exercise his power contemplated under Article 192 of the Constitution of India and set things right by taking decision on the issue of disqualification of all the 17 MLAs named in the PIL.
This was following the recent judgment passed by the Meghalaya High Court had held “invalid” the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005.
The Court has also left it open o the Governor to determine on the matter pertaining to the disqualification of the MLAs holding the post of parliamentary secretaries, provided “if raised in accordance with law”.
However, soon after the court’s ruling the MLAs had also immediately tendered their resignations as parliamentary secretaries, which were accordingly accepted by the chief minister Mukul Sangma.
Sumer however said that the tendering of resignation from the post of parliamentary secretary after the pronouncement of the judgement by the High Court is “of no consequence” as the factor of disqualification attached to them does not disappear by mere resignation.
“The disqualification acquired by them does not allow to continue as being the Member of the Legislative Assembly of the State,” he stated in the petition to the governor.
It may be noted here Article 192 (1) states: “If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause ( 1 ) of Article 191, the question shall be referred for the decision of the Governor and his decision shall be final.”
Speaking to reporters after the meeting, Meghalaya Commercial Trucks Owners and Operators Assocation (MCTOOA) Augustine Shanpru, who accomplanied Sumer said, “The governor had stated very clearly before the delegation that he would follow as per Article 192 of the Constitution.”
Asked, Sumer however what made him to file the PIL was the fact that the state government has failed miserably to look after interest of the people of the state.
Shanpru on the other hand added that the while the state government is creating many posts to accommodate its MLAs, the youth of the state however continue to faced unemployment problem.
By Our Reporter
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