SHILLONG: KHADC Chief Executive Member (CEM) Pynshngain N Syiem continues to hold a defiant tone against the State Government saying that the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Amendment Act, 2015 does not hold any water since the Autonomous District Councils (ADCs) is not a State Subject.
“We understand that the ADCs has drawn its legislative powers from the provisions laid down in the Sixth Schedule which is a law enacted by the Parliament,” Syiem said on Monday.
He added that any amendment to the Sixth Schedule would have to be done by the Parliament.
Syiem also said the State Government has no authority to make laws on any subject which falls under the ambit of the Parliament.
“I would abide by the provisions laid down in the Constitution of India as far as my responsibility as an MDC of the ADC goes,” the KHADC chief said.
Syiem further stated that as per his understanding, the district council was a constitutional body under the Sixth Schedule and does not fall under the State government.
Referring to Article 191 of the Constitution, he said this Article clearly states that a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder.
“The Council is a separate entity and the question of office of profit for the post of an MDC does not arise,” he asserted.
He was also of the opinion that if the Governor decides to seek the opinion of the Election Commission as per Article 192 of the Constitution, reference to Article 191 is mandatory.
The Article also states that before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.
Mentioning that no Act passed by Parliament or State legislature is applicable with retrospective effect, Syiem said, “The applicability of such Act has to be with prospective effect.”
“When I filed the nomination for the MDC election in 2014, the Entry IX of the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1973 allowed me to be MDC and MLA. Now, all of a sudden, the State Government enforced the Amendment Bill from October 1. All would have welcomed this move if it had been implemented after the end of this term. But sadly the Government decided to formulate the legislation in the middle of the present term.”
