SHILLONG, OCT 16: A resident of West Jaintia Hills District today sought the disqualification of 17 legislators of the Meghalaya Legislative Assembly for continuing to hold the post of parliamentary secretaries despite the Supreme Court’s ruling declaring the same as ‘unconstitutional’.
In a representation to the Governor of Meghalaya Ganga Prasad here on Monday, Ioannis Thamar from Lumpariat, Jowai said, “In order to protect the sanctity of the Constitution of India and also to safe guard the provisions contained therein, I would humbly request you to invoke the provision of Article 192 of the Constitution of India and hold that the MLAs (17) have acquired disqualification in terms of Article 191 (1) (a) of the Constitution of India and they no longer continue as the members of the Meghalaya Legislative Assembly.”
He also urged the Governor to advise the state government to recover the money and other undue benefits which was withdrawn and utilized by the MLAs occupying the post of Parliamentary Secretary.
The 17 MLAs holding the post of parliamentary secretaries include – Coming One Ymbon, Samuel M. Sangma, Limison D. Sangma, Winnerson D. Sangma, Kennedy Cornelius Khyriem, Cherak W. Momin, Brigady Marak, Sengnam Marak, Rophul S. Marak, Robinus Syngkon, Micheal T. Sangma, Justine Dhkar, Ashahel D. Shira,Stephanson Mukhim, Celestine Lyngdoh, Noverfield R. Marak, Marthon Sangma.
He said it is utter dismay that in Meghalaya, the 17 MLAs those who are holding the post of Parliamentary Secretaries in different departments, have till date not tendered their resignation from the post and continuing to hold the same inspite of the Judgment of the Apex Court.
Thamar said the Supreme Court in its judgment and order passed on July 26, 2017 has categorically held that the post of Parliament Secretary is unconstitutional and creation of the same by way of legislation is beyond the legislative competence of a state.
On the basis of the findings recorded in the Judgment, the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 legislated by the State of Assam facilitating the creation of the post of Parliamentary Secretary and appointment therein has been declared unconstitutional by the Supreme Court.
In Meghalaya, he said the 17 MLAs were appointed under a similar Act passed by the state legislature known as The Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005.
Thamar further stated that the posts of Parliamentary Secretary, illegally existing in the state of Meghalaya, are capable of conferring financial benefit in terms of salary and other allowances on the holder of the Office in view of the provisions incorporated in the impugned Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005.
The incumbents in the posts of Parliamentary Secretaries in the State of Meghalaya, are therefore, holding the Office of Profit as per the stipulation made in Article 191 of the Constitution of India.
According to him, as a consequence, all the 17 MLAs have acquired disqualification by operation of law. Hence, they may be declared as disqualified from the date they have assumed the Office of Parliamentary Secretary.
“The State government may be advised to recover the money and other undue benefits which they have withdrawn and utilized during the period when they were no longer Members of Legislative Assembly,” Thamar stated in the representation.
Stating that the state machineries seem absolutely indifferent to the situation and the political executives are also unusually silent, he said, “the situation leads us to a stage wherein it is projected that as if the provisions contained in the Constitution of India are not applicable in the State of Meghalaya.”
Thamar further added that the protection against disqualification extended to the holder of posts of Parliamentary Secretary in the state by virtue of the Prevention of Disqualification (Members Of The Legislative Assembly of Meghalaya) Act, 1970 would also not have any application in the present situation in view of the fact that the posts of Parliamentary Secretary has been declared unconstitutional by the Apex Court.
“The benefit of any legislation cannot be extended to any unconstitutional post,” he asserted.
Referring to the resignation of 7 MLAs who were holding the posts of Parliamentary Secretaries in the state of Mizoram following the Supreme Court’s ruling, Thamar said that the State of Mizoram has also made an undertaking before the Gauhati High Court that it would repeal the Act on the basis of which the Parliamentary Secretaries in the State of Mizoram were appointed.
By Our Reporter
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