SHILLONG: In a setback to the seven legislators who quit the posts of MDC after the passing of the dual post Bill, the High Court of Meghalaya has made it clear that all eight MLAs have been brought under the pending case (related to dual post) which is scheduled to be taken up on January 13. The Court is waiting for the opinion of the Election Commission on the issue relating to all eight MLAs as referred to the Commission by the Meghalaya Governor.
Except KHADC CEM P N Syiem, seven legislators– H.D.R. Lyngdoh, Ardent Miller Basaiawmoit, Stephanson Mukhim, Phlastingwell Pangniang, Brolding Nongsiej, Metbah Lyngdoh and Sanbor Shullai– relinquished the posts of MDC fearing disqualification in the wake of State Government making the Dual Post Bill effective from October 1.
However, the Full Bench of the High Court had made it clear that irrespective of the dual post Bill brought by the state government, the matter involving eight legislators, who were occupying the posts of MDCs, will be heard on merit.
Adding to the worry of the eight legislators, the Joint Registrar (Judicial), High Court on January 4 circulated the December 15 order of the High Court on the dual post to all the affected legislators for necessary information.
Copies of the order were also sent to the Chief Election Commissioner, New Delhi, District Council Affairs department, Meghalaya Legislative Assembly, State Election Department, KHADC and JHADC for necessary action.
The High Court in its order on December 15, while stating that the case can await the decision of the Governor, which would be taken upon receiving the opinion of the Election Commission, however, observed that “the Election Commission of India is expected to give its opinion on the entire issue relating to all eight MLAs as referred to by the Governor”.
The case has been lingering since a PIL was filed in October 2014 seeking disqualification of legislators cum MDCs. The PIL mentions about the rule 17(1) (a) of the Assam (and Meghalaya) Autonomous District (Constitution of District Councils) Rules 1951 for the disqualification of MDCs who are holding other posts (as legislators).
