HC to conduct hearing on dual posts case tomorrow
SHILLONG: With a day left for the hearing on the PIL on dual posts scheduled for Friday, time is running short for Governor V. Shanmuganathan to give his reply on the pending matter to the High Court.
Sources said on Wednesday that the Bill on dual posts passed by the State Government on September 24 has also created hurdles for the Governor to seek further time to reply on the pending PIL.
While seven MLAs have already quit the post of MDCs following the passing of the Bill, KHADC CEM P.N. Syiem has not given up his post in the council as yet.
Moreover, the Governor is yet to give his assent to the Bill as he had sought queries on the constitutional validity of the Bill and the competency of the Assembly in giving nod to it.
The High Court during the last hearing on August 25 had given six week’s time for the Advocate General K.S. Kynjing to get the reply of the Governor on the PIL filed a year ago by Agnes Kharshiing on her individual capacity. The six-week deadline will expire on the day of the hearing of the PIL on Friday.
Earlier, the Raj Bhavan had sought the views of the Union Home Ministry regarding the PIL on dual posts. But when the matter was brought before the High Court by the advocate general during the last hearing, the Court wanted the reply from the Governor and not from the Centre.
Though the Governor’s Secretariat had filed an affidavit in the High Court stating that the Union Home Ministry was yet to send the reply related to the queries from the Governor on whether MLAs can also function as MDCs, the Court had made it clear that the Governor should take a final call on the dual posts without depending on the Union Home Ministry.
The High Court also did not give ear to the plea of the advocate general that that there was a proposal for amendment to the Sixth Schedule in Parliament which would ensure ‘one man, one post’ policy.
However, according to the Court, the proposed amendment cannot influence the decision on the current pending PIL.