SHILLONG, NOV 18: Meghalaya high court on Tuesday allowed the Khasi Hills Autonomous District Council (KHADC) to file its affidavit within two weeks in connection with the PIL filed by the Civil Society Women Organization (CSWO) seeking disqualification of eight MDCs, who are also legislators, and holding ‘dual post holders’.
“The KHADC has sought for more time for filing the affidavit and the court today has allowed it to finish the process within a period of two weeks,” Civil Society Women Organization (CSWO) counsel Nitu Syngkon told reporters.
Admitting the PIL filed by Agnes Kharshiing, president of CSWO, the division bench comprising of acting Chief Justice UN Singh and Justice SR Sen took up a motion hearing recently.
The court had also earlier 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 MDCs who are also legislators named in the PIL are 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 and MLA Metbah Lyngdoh.
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,” Kharshiing said.
According to Kharshiing, it is a legitimate expectation from the elected representative that they abide by the laws and rules of the land having solemnly vowed to abide by the same.- By Our Reporter
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