Dual-post lawmakers: CSWO moves court
SHILLONG: The High Court of Meghalaya on Monday asked the State Government to file an affidavit in response to a PIL seeking disqualification of eight legislators, who are holding the posts of MDCs.
The PIL was filed by CSWO President Agnes Kharshiing last week.
The Division Bench also asked the petitioner’s lawyer N. Syngkon to serve notices to respondents, who are serving as members of the Assembly as well as the autonomous district councils .
As per the PIL filed by Kharshiing, there are eight legislators in Khasi and Jaintia Hills and two in Garo Hills who are holding the post of MDCs.
They are Stephanson Mukhim,HDR 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.
According to the petitioner, 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.”
The petitioner also said that 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.