Amendment Bill awaits Guv nod for implementation
SHILLONG: With the Amendment Bill barring MLAs from functioning as MDCs all set to be implemented from October 1 as decided by the State Government, the Election Commission of India can now disqualify State legislators if they continue to hold on to the post of MDCs.
A Law department official clarified that if the MLAs continue to hold on to their posts as MDCs after October 1, they will face disqualification from the Assembly.
When contacted, senior Cabinet Minister Deborah Marak said ‘prevention is better than cure’ and added that the House was in fact protecting the legislators from facing disqualification.
“If suddenly an order of disqualification is issued, it will affect all the concerned legislators,” she said.
Asked about the legal implications of the Bill, Opposition Leader Donkupar Roy said the Bill must first get the assent of the Governor to become an Act.
Roy said that as per the Amendment Bill, the posts of MDCs being held by MLAs are posts of profit which MLAs cannot hold.
Roy, however, made it clear that the MLAs were free to approach the court of law once the amended Act is implemented.
Meanwhile, questions are being raised over the decision of the State Government to implement the Amendment Bill with effect from October 1 before it is published in the official gazette.
Sources questioned how the State Government could implement the Amendment Bill from October 1 without first getting the approval of the Governor.
The sources added that the Amendment Bill must first be approved by the Governor before it is published in the official gazette and then implemented.
“This move on the part of the State Government is tantamount to lowering the image of the office of the Governor. How can the Government anticipate that the Governor would approve the Amendment Bill since there are possibilities that the Governor might seek clarification before approving the Amendment Bill? There is also the possibility that the Governor might suggest referring the Amendment Bill to the select committee,” the sources added.
