‘Irene as nominated MDC’

SHILLONG, JAN 7: The state government on Thursday recommended the name of former MDC Irene Lyngdoh as nominated member in the Khasi Hills Autonomous District Council (KHADC). This decision to forward the name of Lyngdoh to Governor as KHADC nominated MDC will surely widen the fissure between chief minister Mukul Sangma and KHADC CEM PN Syiem given their earlier rift.

KHADC had move a resolution proposing the name of a retired District Council Judge J Reenbohn to the Governor for the said post. Subsequently, the state government had also forwarded the name of Lyngdoh for the same.

In view of this development, the Governor recently had sent back the proposal to the state government to examine and indicate as to who should be nominated to fill up the vacancy of the nominated MDC in the KHADC.

“We have looked at the overall structure of the present KHADC and we saw there are two women in the strength of 29 in the house and we have agreed to the proposal of the DCA that proposing a woman’s name will ensure justice for appropriate gender balance.” Sangma claimed.

Sangm also said, “The cabinet’s decision was in sync with the spirit of the constitution as it provided in the various relevant articles and is in sync with over all interpretation by the Supreme Court.”

Sangma informed the proposal has been prepared on the basis of the mandate of the constitution of India specific to Para 2 (1) to the Sixth Schedule of the Constitution of India adding “This provision Para 2 (1) to the Sixth Schedule of the Constitution of India provides the responsibility to the state government to nominate to fill up the post of the nominated member.”

According to him, notwithstanding any rule frame by any authority based on any constitutional provision, the actual interpretation of the provision in the constitution shall prevail.

Sangma said, “Therefore, as the cabinet was briefed on the actual interpretation of the provision in the relevant para of the Sixth Schedule to the Constitution of India, it clearly indicates that in as far as filling up of this vacancy of nominated MDC is concerned, it shall be nominated by the Governor.”

Sangma further stated that under article of 163 of the Constitution, the Governor is to act on the aid and advice of the council of ministers except while acting in his own discretion in exceptional matters. He said, “There are also appropriate ruling of the supreme court in relation to how this provision of the Constitution required to be interpreted and acted upon.”-By Our Reporter