SHILLONG: The State Governor’s Secretariat has sought the views of Union Ministry of Home Affairs on the demand for disqualification of MLAs who are holding the post of MDCs.
An official source said on Sunday that prior to the district council elections held in February, Rajbhavan had sought comments from the Union Ministry of Home Affairs on the MLAs contesting the district council elections.
However, since the Lok Sabha polls were round the corner, there was no reply from the ministry, and subsequently there was a change of Government at the Centre which further delayed the reply.
After receiving a petition from CSWO president Agnes Kharshiing related to the dual posts, the Governor’s Secretariat has again sent a letter to the home ministry seeking its view on MLAs holding the post of MDCs, the source, said, adding that a reply in this regard was awaited.
At present eight legislators in Khasi and Jaintia Hills and two in Garo Hills are holding the post of MDCs.
They are Stephanson Mukhim,H.D.R. Lyngdoh,Ardent Miller Basaiawmoit, Metbah Lyngdoh, Pyngshngainlang Syiem, Phlastingwell Pangniang, Sanbor Shullai and Brolding Nongsiej in Khasi-Jaintia Hills and Brigady Marak and Cherak Momin in Garo Hills.
Though several MDCs maintain that there is no law specifically to bar MLAs in holding the posts of MDCs, the Rule 17(1) (a) of the Assam (and Meghalaya) Autonomous District (Constitution of District Councils) Rules 1951 has a provision to disqualify MLAs holding the posts of MDCs.
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”.
As per the petition, the MLAs who are holding the post of MDCs are drawing and enjoying salaries and TA/DA including other perks from both the State Legislature and the District Council, which is unconstitutional.