By Fabian Lyngdoh
The Public Interest Litigation (PIL) filed by Ms Agnes Kharshiing against the irregularity of one person holding the posts of both MLA&MDC is highly commendable. The MLAs and MDCs are honourable men; those persons who are MLAs and MDCs at the same time are doubly honourable men! Leave the detail for the lawyers to debate; but the Indian law in general does not permit a person to hold two or more offices of profit under the Government at the same time. An office of profit under the Government is that in which the holder of the office is provided with a salary out of public funds. The salaries of the MLAs and the MDCs are paid out of public funds not out of private donations. It is clearly a matter of injustice if the same person is in a position to control the development schemes of the District Council as well as that of the State Government, and to draw double salaries and benefits from both sides.
The present practice of holding the posts of both MLA and MDC and drawing the salaries and benefits of both was only a stop-gap arrangement. It was in the year 1953, that four Autonomous District Councils, i.e. the Garo Hills, the United Khasi-Jaintia Hills, the Lushai Hills and the United Mikir-North Cachar Hills District Councils submitted a Memorandum to the Prime Minister Jawaharlal Nehru through the Government of Assam to allow those leaders who have been elected as MP’s or MLA’s to be elected also as MDC’s because there were few leaders at that time competent to take over the political leadership. So the Disqualification Clause of the Representation of People’s Act 1951 was relaxed for the time being in these areas until competent leaders are available to fill up the posts. That this stop-gap arrangement continues to be relevant today implies that up to February, 2015 A.D., ninety percent of the people of the Khasi and Jaintia Hills are still illiterates! It is a shameful state of affairs indeed even among the so called backward classes.
There are three possible reasons why a person seeks to be elected both as MLA and MDC from the same constituency. The first reason is because such a person is insecure and a coward. And it is pathetic that the people in a constituency had elected such a coward! After being elected as MLA, the person is apprehensive that another person who is the MDC from the same constituency might contest against him in the next Assembly election. Fearing that majority of the electorate might shift allegiance and that he might be ousted, such a coward either opts to sponsor and support a useless MDC candidate who would not be able to pose a challenge against him in the future, or contest the MDC elections and hold the post of MDC to himself. People may call this a ‘political strategy’, but it is actually a desire to concentrate all powers to oneself. The second reason is that there is extreme jealousy among the party leaders of the elected MLA. So these party leaders cannot come to a consensus as to who among them should be given the ticket for the MDC election. Each leader thinks that if he is not given the ticket, then none else should get it and it is better that the MLA himself should contest the MDC election. The third reason is greed. Those people who hold both the posts of MLA and MDC from the same constituency are certainly greedy for power and wealth. It is this greed for power and wealth that the Khasi concept of ‘bam ar maloi’ is relevant. ‘Bam ar maloi’ literally means to eat from two bowls or plates. It actually means to unjustly or illegally draw benefits from two sources. But in Khasi concept it means more than that. It means to fraudulently draw benefits from two opposing sources. A lawyer may fraudulently play tricks with the litigants and draw benefits from both the plaintiff and the defendant. That is called ‘bam ar maloi’.
A person who holds the posts of MLA and MDC has a conflict of interests. While at the same time pretending to be an ardent advocate for the protection of the identity and cultural tradition of the tribe as MDC, but he is supposed to be an advocate of modern democracy for development and progress as MLA. As MDC he is paid a salary to argue vehemently against the Paragraph 12A of the Sixth Schedule, but as MLA he is paid to uphold it. This is a clear case of ‘bam ar maloi’ which should not be permitted. These ‘bam ar maloi’ representatives may argue that they are so competent and righteous that the people out of free will, elected them to both the posts. If that is the case, then let them hold both the posts and perform both the functions but draw only one of the salaries because the people who elected them have the right to vote but they do not have the authority to sanction additional salaries.
In the past there were people’s representatives who held two posts but did not draw double salaries. Dr. B. Pakem was the MLA but he opted to draw salary only as a teacher in the university; Mr. Hector Marwein was the MDC but he opted to draw salary only as a teacher in the college. The fact is that it is not the free will of the people to elect the same person as MLA and MDC at the same time, but they are compelled to support a sitting MLA seeking election also as MDC because he already wields power in his hands which they dread to oppose. “For man, when perfected”, says Aristotle, “is the best of animals, but, when separated from law and justice, he is the worst of all; and if armed with injustice is the most dangerous. If he has not virtue, he is the most unholy and the most savage of animals, and the most full of lust and gluttony”.
It has also been the common practice that the MLAs cum MDCs of the party in power in the State Government who are considered unworthy to have a share in the State Cabinet, are dumped into the KHADC to take over as CEM or EMs or Chairman. To consider the Autonomous District Council as the dumping ground for political adjustment of the State Government is an insult and a disgrace to the institution which the framers of the Indian Constitution had laboured so much to bring about. If the ADCs can be reduced to a status so low, the best thing is to abolish them all along with the District Councils Affairs Department, and a State Tribal Affairs Ministry be set up to administer the people according to the Sixth Schedule, and the existing officers and staff of the ADCs be accommodated in the ministry of the State.
This kind of irregular practice is possible because modern democracy has not yet been ingrained into the people’s social consciousness except during the election festivities once in five years. Political leaders have absolute right and are simply happy to keep the people in ignorance and poverty so that they would dance to their magical tune during elections. It is time that people realize the gravity of the situation and move for ending this stop-gap arrangement for ‘bam ar maloi’ on the grounds that there are not enough educated persons in the society which has become shameful not only at the international and national level but even at the regional level among the tribes of North-East India. A person who has been elected as MLA should resign his post as MDC, and anyone who is elected as MDC should resign his post as MLA. The move made by Ms Agnes Kharshiing through the present PIL is commendable and the people should lend their support to it. For the present term these ‘bam ar maloi’ have passed the scrutiny of their nomination papers and have been elected. So let that be! But the law should be enforced that from the next term onwards no person should be permitted to be both MLA and MDC and to draw double salaries.