SHILLONG, MAR 9: Opposition Hill State People Democratic Party (HSPDP) on Wednesday demanded that the Congress led state government to declare the alleged “toothless” dual post Act, which it had passed last year, as ‘null and void’.
The government was under fire for failing to take action against dual post holders even after the Prevention of Disqualification (Members of Legislative Assembly) (Amendment) Act, 2015 was made effective since October last year.
“This bill must be declared null and void. If not, show the action immediately,” HSPDP legislator Witting Mawsor said while moving a call attention during the ongoing budget session.
Mawsor said, “The reason that no action has been taken even to your own Congress) member proved that this bill has no teeth, no power, no destination… it is just like a gun without bullet.”
While KHADC CEM PN Syiem is the lone legislator who refused to relinquish his dual posts – MLA and MDC, seven others have resigned as members of KHADC and JHADC following the passing of the Act.
According to him, due to this, unnecessarily election will be held, expenditure will be incurred despite the government facing acute financial constrain.
Alleging the government for misleading the people of the state, Mawsor said, “It is prove that amendment bill, 2015 is a ‘Suicide Bill’, which unconstitutionally imposed by the government of Meghalaya.”
Stating the word ‘office of profit’ has not been defined in the Constitution of India or in the Representation of the People’s Act, he said, “Hence, the word profit under Article 102 (i) (a) means connotes an idea of pecuniary. Hence, elected members of district council did not incur disqualification under section 10 of Representation of People’s Act, 1951 and Article 191 (i) (a) of Constitution of India and even entitled to contest election while as a member of the district council.”
Meanwhile in his reply, Deputy Chief Minister in-charge Law Rowell Lyngdoh said with entry no 9 being omitted from the Act, 1972, the members of District Councils, Executive Members or Chief Executive Members (CEMs) are no more covered by the Act.
Stating that there are three aspects on the matter, Lyngdoh said, “The legislature has passed the law omitting the provisions of entry No 9 from the Schedule of the Act, 1972 and the Act of 2015 came into force on October 1, last year.”
“The second being whether after passing the amendment Act, 2015, an MLA who is holding the post of MDC is to be disqualified or not will be decided by the Governor or the competent Court of law,” he said while informing a PIL on the matter is still pending before the High Court and as such it is premature to discuss in this August House and give views on the merits of the matter as it is sub-judice.
Further, Lyngdoh also informed that the Governor had referred the matter to the Election Commission of India on November 30, last year under Article 192 of the Constitution of India.
“The ECI has sought further information on January 19, and the state government has furnished the information on February 20 to which the opinion of the commission is awaited,” he stated.-By Our Reporter
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