Dual-post disqualification
SHILLONG: The role of the state government in prompting the Governor V Shanmuganathan to send the name of only KHADC CEM PN Syiem to Election Commission has come to the fore.
An official source said on Thursday that the state government had cited the resignation of seven legislators as MDCs, and it was accepted by the Governor, thereby exempting the seven MLAs from the purview of disqualification.
“Even before the enactment of dual-post Bill which took effect from October 1 last year, the seven legislators had resigned as MDCs whereas the Syiem was still holding the post. This was communicated to the Governor by the state government”, the source added.
The source said that this had prompted the Governor to send only the name of Syiem to the Election Commission.
However, the High Court had observed in the past that it was not bound by the dual post Bill which took effect from October 1 last year indicating that the Court will go by the merit of the case since the PIL on the matter was filed when all the seven legislators, Stephanson Mukhim (Independent), H.D.R. Lyngdoh (Congress), Ardent Miller Basaiawmoit and Phlastingwell Pangniang (HSPDP), Metbah Lyngdoh and Brolding Nongsiej (UDP), and Sanbor Shullai (NCP) were still holding the posts of MDC.
However, a law department official said that it was upto the High Court to give its ruling on legislators.
Earlier during a hearing on December 15 last year, the High Court wanted the Election Commission to examine the cases of all the 8 legislators.
The High Court, had 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”
According to the Court, the case can await the decision of the Governor, which would be taken upon receiving the opinion of the Election Commission.
However, the recent reply of the Election Commission to the RTI query of the mover of PIL on dual post was that only Syiem’s name was referred by the Governor.