‘Guv ruling on dual post must go to HC’

SHILLONG, JUNE 2: A day after the Governor ruled that KHADC CEM PN Syiem does not attract disqualification for holding the post of MLA and MDC   , Chief Minister Mukul Sangma while stating that the issue of dual posts is sub judice nonetheless said this ruling will have to go to the high court.

Sangma said the anti-dual post act of the state government is to insulate members of the legislative assembly from disqualification.

The ruling of the Governor V Shanmuganathan came as a big blow to the Congress led Meghalaya United Alliance (MUA-II) when it declared that the post of MDC held by an MLA is not an office of profit and do not attract disqualification.

The issue of holding of dual posts has been lingering quite a while with the KHADC chief PN Syiem, also a Congress legislator from Mawsynram challenging the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015 passed by the government last year.

While seven legislators have resigned as members of KHADC and JHADC fearing disqualification after the Act was made effective from October 1, last year, Syiem was the last legislator standing as he refused to relinquish either the post of MLA or MDC.

When sought for his reaction, chief minister Mukul Sangma said, “The legislature is mandated to make law and the act is to insulate MLA from disqualification.”

According to him, the ruling of the governor was based on a petition filed with the Meghalaya High Court which is still pending.  “The matter (ruling) will have to go back to the High Court,” Sangma said while asserting that the matter is subjudice as it is pending with the court.

The petition filed by the state government before the High Court has sought disqualification of eight legislators who are also holding the post of MDCs in the autonomous district councils (ADCs).

Stating that the amendment was also brought in line with this, the chief minister said, “Is it not a fact that this issue (holding the post of MLA and MDC) emanated from the office of the Governor.”

He also referred to the affidavit filed by the office of the Governor before the court on the matter.

“The government is only fulfilling its responsibility. We feel that MLA should not hold post of MDC, the Act to this which also received the assent from the Governor,” Sangma said.

Meanwhile, the governor in his order issued yesterday had 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 of accordingly.”

“The opinion of the Election Commission of India received on May 16, has been placed before me and I have perused the same,” he said.

Shanmuganathan said, “The ECI has opined that Pynshngainlang Syiem, MLA cannot be said to be holding an office of profit under the government within the meaning of Article 191 (1) (a) of the Constitution.”

“Consequently, Pynshngainlang Syiem, CEM of KHADC has not attracted the disqualification under Article 191 (1) (a) of the Constitution,” he added-By Our Reporter