MDCs do not fall under office of profit clause: Naik
SHILLONG: The Chief Electoral Officer P Naik is yet to get any intimation from the Election Commission of India regarding the reply to the letter addressed to the Commission by Meghalaya Governor on elected representatives who are members of the Assembly as well as the autonomous district councils in the state, even as he said that the post of MDC does not fall under the office of profit clause.
The High Court had earlier said that the reply of Election Commission as per article 192 of the Constitution was necessary to take a decision on the dual post Bill.
The 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. But 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”
However, Naik said, “I have not received any feedback from the Election Commission, but if I am called by the Commission, I can explain to them the position”.
According to him, as per constitution, the post of MDC does not fall under the office of profit clause “as it is not a government post since an MDC is elected by people and KHADC is a constitutional body.”
However, Naik said whether the KHADC has any rule which prevents MDC from holding the post of MLA should be examined. “If there is such a clause in the district council rules, the MDC, who holds the post of MLA should resign as MLA,” he added.
When contacted, a district council official said that he has to examine whether there is such a clause in the district council rules as he is not aware of any such clause.