Dual posts violate office of profit rule: NGO to Governor
SHILLONG: As many as eight legislators in the State are holding office of profit since they are also functioning as MDCs as per a petition seeking their disqualification submitted to Meghalaya Governor K.K. Paul.
The persons holding the dual posts as Member of the Legislative Assembly (MLA) and member of the District Council (MDC) are Stephanson Mukhim (Amlarem MLA and JHADC MDC from War East), H.D.R. Lyngdoh (MLA of Sohiong and KHADC MDC of Nongspung-Sohiong), Ardent Miller Basaiawmoit (MLA and KHADC MDC from Nongkrem), Metbah Lyngdoh (MLA of Mairang and KHADC MDC from Nongkhlaw), Pyngshngainlang Syiem (MLA and KHADC MDC of Mawsynram), Phlastingwell Pangniang (MLA and MDC of Rambrai Jyrngam), Sanbor Shullai (MLA of South Shillong and MDC of Laban-Mawprem) and Brolding Nongsiej (MLA and MDC of Mawthadraishan).
In the petition submitted to the Governor on Friday, CSWO president Agnes Kharshiing said the eight legislators should be disqualified in violation of provisions under Rule 17(1) (a) of the Assam (and Meghalaya) Autonomous District (Constitution of District Councils) Rules 1951, and under Article (A) of the Constitution of India.
Seeking their removal from the District Council, the petitioner said that the eight legislators have been holding the office of members of the District Council, in violation of provision under rule 17 (1) (a) of the Assam (and Meghalaya) Autonomous Districts (Constitution of District Councils) rules 1951, for the reasons that they are also holding the posts of MLA, and hence the Governor should disqualify them from being member of the District Council with immediate effect.
The rule 17 (1) (a) says, “A person shall be disqualified for being elected as, and for being, a member of the District Council if he is a salaried servant of the Government of India or the Government of any State specified in the first schedule to the Constitution or is an employee of any District Council or any Regional Council”.
The petitioner further said that the eight legislators are holding the post of MLA in violation of the provision laid down under Article 191 (1) (A) of the Constitution of India as amended.
Holding the post of member of the District Council, along with the post of MLA, leads to conflict of interest and hence they should be disqualified from continuing as MLA, the statement said.
“What is also disturbing is that almost all the eight concerned individuals listed are drawing and enjoying salaries and TA/DA including other perks from both the State Legislature and the District Council, which is unconstitutional,” the petitioner said, adding, “This is a fraud on the electorates who have elected their representatives to represent them.”
“And by again representing an additional area, the representative is doing injustice and betraying the people who had elected them which is against the spirit of the Representation of People Act, 1950 and thus have violated the oath that they have sworn before the Returning Officer of both the Meghalaya Legislative Assembly and the Autonomous District Council,” the memorandum said, seeking immediate action from the Governor to avoid instances of conflict of interest and constitutional anomalies and to ensure the rule of law.