SHILLONG: The Division Bench of the High Court of Meghalaya will hear the PIL against lawmakers holding the dual posts on Wednesday.
The PIL filed by CSWO president Agnes Kharshiing seeks disqualification of as many as eight legislators-cum-MDCs in Khasi and Jaintia Hills including Stephanson Mukhim, HDR Lyngdoh, Ardent Miller Basaiawmoit, Metbah Lyngdoh, Pyngshngainlang Syiem, Phlastingwell Pangniang, Sanbor Shullai and Brolding Nongsiej.
Sources said that except Metbah Lyngdoh, all other legislators have filed their affidavits through their respective lawyers before the Court.
The KHADC has also filed separate affidavit in response to the PIL.
The KHADC and the affected MLAs cum MDCs had defended the holding of dual posts.
The PIL is banking on the rule 17(1) (a) of the Assam (and Meghalaya) Autonomous District (Constitution of District Councils) Rules 1951 for the disqualification of MDCs who are holding other posts.
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”
In an additional affidavit, Kharshiing said that the MLAs who are also MDCs are liable to be disqualified from the Assembly because of the reason that under article 191(1) (a) of the Constitution of India , the Government is not provided with plenary power to exempt any office.
