SHILLONG: The Division Bench of the High Court of Meghalaya comprising Justice T.N.K. Singh and Justice S.R. Sen will hear the PIL on dual posts listed as serial no.1 on Friday in the Court.
While the petitioner Agnes Kharshiing, who filed the PIL in October last year, will be represented by advocates N. Syngkon, R.N. Marbaniang, I. Nongkynrih and P.K. Rai (Amicus Curiae), as many as 18 lawyers are representing the State Government, KHADC and JHADC (respondents) including Advocate General K.S. Kynjing, senior government advocate N.D. Chullai, senior counsel H.S. Thangkhiew (for JHADC), senior counsel S. Nongbri (for KHADC), senior advocate V.G.K. Kynta (for the seven MDCs except Metbah Lyngdoh) and senior advocate G.S. Massar, among others.
The Court is likely to give a final verdict on the matter after the Governor’s Secretariat had filed an additional affidavit on the issue on Thursday on the eve of the crucial hearing on the PIL.
The Raj Bhavan has filed an additional affidavit stating that even before the PIL came up and prior to the 2014 elections in the KHADC and the JHADC, the former Governor K.K. Paul had taken up the matter with the Chief Minister on January 8 last year.
Later, the former Governor had referred the matter to the Home Minister on February 14 last year much before any petition was received from the petitioner Agnes Kharshiing, the affidavit said.) “Hence the petition dated 18-7-2014 of Agnes Kharshiing was not acted upon,” Deputy Secretary to the Governor’s Secretariat, N.K. Arjun, said in the affidavit.
Moreover, the deputy secretary while referring to the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972, and “inapplicability of Rule 17(1) (a) of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rule, 1951, in the instant case, said that her (Kharshiing) petition cannot be considered.
However, the deputy secretary has enclosed a letter of Principal Secretary to the Governor, M.S. Rao, addressed to the advocate general on September 22 this year which mentioned the need to amend the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972, which accordingly was amended by the Assembly on September 24 barring MLAs from holding the posts of MDCs.
Rao wrote to the advocate general with reference to the direction of the High Court during the last hearing on August 25 that the Governor should take a decision on the pending PIL on dual posts.
In the letter, Rao said the reply of Chief Minister Mukul Sangma in response to the letter of former Governor K.K. Paul on January 8, 2014 regarding the issue of dual posts was that in view of the specific exemption provided under the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972, the members of Meghalaya Legislative Assembly could simultaneously hold membership of the Autonomous District Councils.
The letter of the former Governor also referred to the conflict of interest in terms of Para 12 (a) of the Sixth Schedule which provides that if any law framed by the district council is repugnant to any provision of law made by the State Legislature, than the latter shall prevail. In response, the Union Home Ministry had proposed an amendment to the Sixth Schedule by providing that if an elected member of the District Council is chosen as the member of the House of Parliament or Legislature of the State, his seat in the District Council shall remain vacant.
Rao’s letter also mentions that the present Governor (V. Shanmuganathan) holds the same view as that of former Governor K.K. Paul on the matter.
