Saturday, January 11, 2025
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Dual posts case: High Court appoints amicus curiae

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SHILLONG: The High Court of Meghalaya which took up the case related to the pending PIL on dual posts of MLAs cum MDCs in Meghalaya, on Wednesday introduced the amicus curiae (friend of the court) to the petitioner and the lawyers of the defendants.
The amicus curiae, P.K. Rai, a Supreme Court advocate, has been appointed by the High Court of Meghalaya to assist the court on the matter.
The Court fixed the matter to be heard on May 12.
The PIL, filed by CSWO president Agnes Kharshiing in October last year, seeks disqualification of eight legislators cum MDCs including Stephanson Mukhim, H.D.R. Lyngdoh, Ardent Miller Basaiawmoit, Metbah Lyngdoh, Pyngshngainlang Syiem, Phlastingwell Pangniang, Sanbor Shullai and Brolding Nongsiej.
The PIL mentions about 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 (as legislators).
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 reply to RTI filed by Kharshiing, while an MDC gets a salary of Rs.38,250 per month, an MLA’s salary is Rs.1 lakh.

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