SHILLONG: The issue of some MLAs holding dual post is pending with the Union Home Ministry after the former Governor KK Paul had taken up the matter with the Centre.
During the hearing of the PIL in this regard on May 28, the High Court of Meghalaya has fixed the next date for hearing the matter on June 25 with lawyer Pradeep Rai, Amicus Curiae seeking a report from the Secretary to Meghalaya Governor on the issue pending for long.
However, an official with Raj Bhavan said on Wednesday that the Secretary to Governor will file an affidavit in this regard in the next hearing even as he said that the matter was earlier taken up with the Union Home Ministry.
On January 8 last year, the then Governor wrote to the Government seeking reply on the issue and subsequently, the state government sent its views to the Governor.
Later, the Governor took up the matter with the Union Home Ministry.
The role of the Governor on the issue of dual posts came to fore with the recent hearing of the case in the High Court of Meghalaya.
In the May 28 hearing, the Advocate General KS Kynjing appearing for the state, while arguing on the question of maintainability of the PIL on dual posts , said that in terms of Rules 17 and 19 of the Assam and Meghalaya Autonomous District Councils Rules, 1951, the Meghalaya Governor is the final authority to decide the issue.
However, Pradeep Rai, Amicus Curiae informed the court that the matter of disqualification for holding dual posts/office through election and drawing separate salaries on both counts has remained pending for quite some time. “The representation was submitted way back on 18.07.2014 to the office of Governor, but it has, some-how, failed to engage the attention of the functionary”, he said, while suggesting to issue notice to the Secretary to Meghalaya Governor for submitting status report in respect of the file.
However, as per records, the then Governor KK Paul on January 8 last year in a letter addressed to the state government, while seeking a reply, said that the Constitution of India has reference to prohibition of simultaneous membership rules 1950 under which member of Legislative Assembly, Members of Parliament of both Houses are specifically mentioned .” While there are numerous other elected bodies , they are not mentioned by name, specifically, but I think, the applied principle should be the same for all elected bodies unless a special dispensation is made”, the Governor said, while asking the Government to examine the matter in the context of elections to district councils.
According to Paul, a peculiar situation has come to his notice where he found that some of the elected members of Meghalaya legislative Assembly have simultaneously retained their elected seats in the Autonomous District Councils.
The then Governor had also told the Government that the situation of MLAs occupying dual posts raises some vital legal as well as constitutional issues. “For instance, an MLA is attending the Autonomous District Council meeting where he is bound by the discipline and rules of that house. Does it amount to a breach of privilege of the Legislative Assembly? How can we justify a person holding simultaneously two offices ( of profit)?, the then Governor asked.
