SHILLONG: State Assembly Speaker AT Mondal on Wednesday met Law Secretary L M Sangma as part of legal consultations on whether Congress legislator PN Syiem, who is still holding the post of CEM of KHADC, will face disqualification as he is yet to relinquish the post.
Sources said that the meeting was part of exercise to enable the Speaker to take a decision on whether Syiem should be disqualified.
The Speaker is also examining a letter written by Syiem addressed to him which said that disqualification provided under Article 191 of the Constitution of India would not apply to Members of Legislative Assembly also holding the posts of Members of the District Council.
Syiem also urged the Speaker to dismiss any complaint in this regard as it will be frivolous and without any merit.
When contacted, the Speaker said that he was yet to get any complaint, and added that he was yet to receive any official communication regarding the notification of the Disqualification Act, 2015.
The Law department had on October 8 notified the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015 which prevents MLAs from holding the posts of MDCs with effect from October 1.
According to legal experts, if the Disqualification Act, 2015 is interpreted literarily, Syiem is disqualified in principle since the Act prohibits a legislator from holding the post of MDC.
It was to prevent any disqualification that the Disqualification Act, 2015 was notified after amending the 1972 Act which, on the other hand, had allowed MLAs to hold posts of CEM and MDCs.
Sources said that the Speaker, however, does not want to take any hasty decision on the matter as he wants to give his ruling not in contradiction with the decision of the Governor and the judiciary.
The Division Bench of Justice TNK Singh and Justice S R Sen, during the hearing on the PIL on the matter on October 9, had observed that the disqualification of the legislators holding dual posts is left to the competent authority (Governor) under article 192 of the Constitution to take an appropriate decision.
Article 192 mentions that if any question arises as to whether a member of a House of the legislature of a state has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final. It also states that the Governor, before giving any decision, will obtain the opinion of Election Commission and act according to it.
