CSWO files fresh PIL on dual posts issue

SHILLONG, AUG 29: Civil Society Women’s Organization (CSWO) filed fresh PIL on Monday appealing to the Meghalaya high court to set aside the recent Governor’s ruling on the dual posts issue saying that the office of the MDC is not an office of profit and, therefore, an MLA also holding an elected post in the district council is not liable for disqualification.

CSWO has also sought striking down the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015 and to declare ‘ultra vires’ the entry 9 of the Act, 1972, as existed prior to its amendment.

The fresh PIL was filed after the Meghalaya High Court in its order passed on August 23 uphold the Governor’ order which ruled that MDC is not an office of profit under Article 191 (1) (a) of the Constitution.

Interestingly, two more MLAs from Garo Hills – Brigady Marak and Cherak W Momin, have been included in the PIL as they are also MDCs in Garo Hills Autonomous District Council. The earlier petition had named eight  legislators only.

Beside Marak and Cherak are also holding the post of parliamentary secretaries in the present MUA-II government..

In the PIL filed before the Meghalaya High Court, CSWO president Agnes Kharshiing said, “The order passed by the Governor on May 31 is liable to be set aside and the 10 legislators are liable to be disqualified in terms of Rule 17 (1)(a) of the Assam (and Meghalaya) Autonomous Districts (Constitution of District Councils) Rules, 1951 and also in terms of Article 191 (1)(a) of the Constitution of India.”

According to her, there has been no order which has been passed by the Governor in terms of disqualification under Rule 17 (1) (a) of the AD Rules, 1951, which is otherwise to be passed by the governor in terms of Rule 18.

She also informed that the representation of the organization submitted on July 18, 2014 to the then Governor KK Paul for disqualification of 8 MLAs in term of Rule 17 (1) (a) of AD Rules 1951 was never sent for opinion to the Election Commission of India (ECI).

However, an order was passed by the Governor on May 31 on a reference from the state government on November 28, 2015 under Article 192 of the Constitution on whether PN Syiem, MLA has become subject to disqualification under Article 191 (1) (a) of the Constitution. After obtaining the opinion of ECI, the Governor decided that PN Syiem has not attracted to disqualification under Article 191 (1)(a) of the Constitution, she said.

The CSWO president also claimed that state government and the District Council are aware of the disqualification under Rule 17 (1) (a) of the AD Rules, 1951 and Article 191 but have failed to enforce the same.-By Our Reporter