SHILLONG: The Full Bench of the High Court of Meghalaya will take up the pending PIL on dual post on Tuesday.
Earlier, last week, Governor V. Shanmuganathan had referred the pending dual-post matter to the Election Commission of India for its views since the Court wanted clarity on the status of the matter.
On December 7, Special Secretary, Law department, L.M. Sangma, had filed an affidavit before the High Court stating that the Governor had referred the issue to the Election Commission of India for appropriate decision. The affidavit said the Governor had made a reference to the Election Commission of India for its opinion under Article 192(2) of the Constitution of India.
“The decision of the Governor on the matter under Article 192 of the Constitution will be placed before this Court after receiving the opinion of Election Commission of India,” the affidavit had said.
Article 192(2) says that before giving any decision on the dual post issue the Governor will obtain the opinion of the Election Commission and shall act according to such opinion.
It is yet to be known whether the Election Commission of India has replied to the query of the Governor.
The PIL filed by CSWO president Agnes Kharshiing seeks disqualification of as many as eight legislators who were holding the posts of MDCs. They include Sanbor Shullai, H.D.R. Lyngdoh, Ardent Miller Basaiawmoit, Stephanson Mukhim, Pyngshngainlang N Syiem, Phlastingwell Pangniang, Brolding Nongsiej and Metbah Lyngdoh.
Though the PIL was to come up on December 10, the hearing was postponed to December 15 as Supreme Court lawyer M.N. Krishnamani, representing the Governor’s Secretariat in the High Court, had sought time.
The lawyer will take up the issue whether the Governor is answerable to the Court as per Article 361 since earlier the High Court had insisted that Governor should make clear his stand on the dual post issue whereas the Principal Secretary to the Governor had conveyed to the Court through the Advocate General on November 19 that the Governor had not permitted him to appear before the Court along with the related file.
