SHILLONG, AUG 23: In what can be termed as a major embarrassment to the state government, the full bench of the Meghalaya high court on Tuesday upheld Meghalaya governor V Shanmuganathan May 31 order and said that the Khasi Hills Autonomous District Council (KHADC) chief executive member PN Syiem do not attract disqualification for holding the dual post of MLA and MDC.
The state government had submitted a petition to the court on November 28 last year against Syiem after the state assembly had passed the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015 which sought to end holding of dual posts by MLAs.
Following the passing of the Act, seven legislators including DCA minister HDR Lyngdoh had immediately tendered their resignation from the post of MDCs in the KHADC and JHADC fearing disqualification.
However, PN Syiem, however, refused to resign from either of the posts.
Meghalaya Governor V Shanmuganathan had also in his May 31 order stated – “In accordance with the opinion of the ECI, I hereby decide under Article 192 (1) of the Constitution that Pynshngainlang Syiem, MLA has not attracted the disqualification under Article 191 (1) (a) of the Constitution. The matter is disposed off accordingly.”
The full bench of the Meghalaya High Court headed by the Chief Justice Dinesh Maheshwari has, however, left the “option” open for the petitioner to challenge the Governor’s ruling on the issue of holding of dual posts.
The final order was issued on Tuesday after hearing thePIL filed by CSWO president Agnes Kharshiing seeking disqualification of at least eight legislators, who also held the elected post as MDCs.
“The High Court in its final order issued today has disposed off the PIL while taking into consideration the order passed by the Governor of Meghalaya on May 31,” senior advocate VGK Kynta, who appeared on behalf of KHADC CEM PN Syiem, said at a news conference after the hearing was over.
He however added, “In the meantime, the court also left the option open for filing petition seeking for judicial review or scrutiny on the Governor’s order.”
Today’s court decision on the PIL also came as a jubilation for the KHADC chief PN Syiem, the only one who stood firm on his stand by refusing to quit the posts of MLA and MDC.
Terming the order as a historic victory for Syiem, the senior advocate said, “All along our stand has been that the post of MDC is not an office of profit as the district council is an autonomous body and not under the state government. Therefore the legislators who are holding the post of MDCs do not attract disqualification.”
An elated Syiem, also a Congress legislator from Mawsynram said, “Today’s outcome clearly shows that the law prevails and the Constitution of India has to be respected at all cost. I am happy man and I thanked all my well-wishers and supporters who have stood by me during the crucial times of my life.”
Hailing the court’s order, he said, “This is a huge setback to the state government for bringing an amendment Bill at the wrong time by making it retrospective instead of prospective,” adding “I hope that the state government should be very caution while bringing any policy by ensuring that they do not conflict with the constitution.”
When asked on the fate of anti-dual Act passed by the state government, Syiem said, “Actually the amended Act has no relevance at all in view of the fact that the MDC post is not an office of profit under the Article 191 of the Constitution.”
While reiterating his stand expressed during the passing of the Act last year, Syiem said, “I appreciate the state government for its good intention but the fact is that such legislation should be made in Parliament by seeking amendment of the Sixth Schedule.”
Throwing more light on this, his counsel Kynta said that the entry 9 in the old Act of 1972, which seeks to immune legislators holding the post of MDCs, should have not been inserted in the first place.
He also made it clear until and unless the Sixth Schedule is amended, there is no bar for MLAs from contesting MDC election.
On the issue of holding the bye-election to the six vacant seats to the KHADC, Syiem said, “The state government and the district council have to sit together to discuss as to when and how to conduct the bye-elections.”
According to him, the fact that the election expenses have to be borne by the district council and the state government cannot alone decide on the matter. “On the other hand, the district council has to be pick up unnecessary expenditure of Rs 3 crore because of the government which has passed the Act,” Syiem added.-By Our Reporter
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