SHILLONG: The issue of office of profit for the legislators who are contesting the district council elections was raised by the CSWO President Agnes Kharshiing.
In a statement issued here on Sunday, Kharshiing said that the sitting MLAs should know that they cannot contest the council elections, as a legislator has sworn allegiance to his duty according to the form of oath in the Third Schedule of the Constitution and a legislator cannot perform his duty faithfully if he is also serving as an MDC.
“He will be cheating the people of his constituency since according to article 190 of the Constitution of India, ‘No person shall be a member of both houses, directly indicating that no person can serve another post in addition to his sworn duty and if he wants to stand for the council elections he has to give up his MLA seat, Kharshiing said.
The form of oath or affirmation to be made by Member of the Legislature of the State before the Governor, which is in the Third Schedule of the Constitution of India Part VII reads as;
“I —–, having been elected (or nominated) a member of the legislative Assembly do swear in the name of God/ Solemnly affirm, that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge of the duty upon which I am about to enter.”
The CSWO wondered as to how a person can be faithful to his duty, when half of the time he will also be serving another post.
Moreover a responsible legislator would know better not to take up the tasks of MDC as the legislator in the Meghalaya Legislative Assembly and the Member of the District Council are both paid with public funds and he or she cannot be taking both remunerations and doing half service.
“The Governor of the State should also step in to make clear to the people as to the Constitutional provisions by which a legislator is given sanction to hold two posts of profit.
The CSWO also urged the electorates not to vote for such people in the council elections as this would bring more injustice and disadvantage to the people for whom these persons are meant to serve.
“If the legislators feel that they want to serve the people better, they should appoint someone else as MDCs and work hand in hand, and we cannot say that we lack good people who want to serve in the best interest of the people”, Kharshiing said .
She said that there have been complaints to the District Council heads with regards to grabbing of tribal lands by State Government, and the District Councils have powers to protect under the Sixth Schedule of the Constitution of India, yet they ignored such complaints.
There was also rampant environment
and forest degradation, and yet there was no intervention from these representatives except from one or two.
According to Kharshiing, the boundary issue between the two States of Meghalaya and Assam is still pending though many MDCs are from the same party (Congress) like those who are in Assam Government and this has resulted in many human right violations and show of muscle power by Assam Police.
She also pointed out that there were reports of land grab at New Shillong by the Urban Department which has crossed its limits and extended even to scheduled areas, but the District Council has failed to protest against the Government from grabbing tribal lands.
The District Council even allowed the Government to ignore the posts of the traditional heads, and moreover, the East Khasi Hills Collector has also failed to recognize the traditional heads, she said.
According to Kharshiing, the MDCs have also failed to serve the farmers of the State who live mainly on agriculture, and taking away of agriculture land by State Government should have been stopped by the District Council.
“District Councils should be party less like the municipal bodies; because if they are affiliated to political parties they will be controlled by the party and business men who fund these parties indirectly, and they will do all they can to plunder our resources and our lands leaving our generation to be landless in the future”, she said .
The CSWO appealed to all voters not to fall into the temptation of liquor and money, and to vote without fear or favour for someone who can bring about good governance, protect the indigenous people of the State, the traditional custom of land usage of the tribal people so that many business men who are exploiters cannot come and take advantage of the situation in the guise of development.
Kharshiing also said that the State Government and the District Councils have completely failed in ensuring speedy development due to rampant corruption.
“What we can see in the name of development is the palaces and mansions of the public representatives and a few of their contractors.