Row over office of profit
SHILLONG: The stand of the High Court of Meghalaya has been vindicated with the suggestion of the Election Commission of India to refer the issue of office of profit to the Meghalaya Governor following a petition filed by UDP.
Sources on Saturday said that though the matter related to Nongpoh legislator DD Lapang, who is holding the post of Chief Adviser to the Government, the issue referred by the Election Commission to be taken up by the Governor under Article 191 and 192 of the Constitution can be applicable to any instance of office of profit.
The High Court through a series of orders wanted the Meghalaya Governor to take a decision on the pending PIL related to the dual post.
In the last order on November 24, the High Court had observed that the Article 192 Sub Article (2), provides that “there is obligation on the part of the Governor to obtain the opinion of the Election Commission before giving any decision on disqualification of the member of the Legislative Assembly in case he is found to occupy another office of profit”.
The Court had also said that the Governor’s decision under the provisions of this Article has to be based on the opinion of Election Commission.
What irked the High Court was neither the Secretary of the Governor nor the Advocate General has informed the Court as to whether the matter has been referred to Election Commission so that the Court can wait to have the benefit of opinion of the Election Commission and the decision of the Governor before taking up the issue for final decision. Sources added in the backdrop of the UDP petition, the Governor will have no other option but to give his opinion in the similar line to the High Court of Meghalaya when the PIL on dual post related to MLAs holding the post of MDCs will be again taken up on December 8.
