SHILLONG: Making a case against the dual post Bill, former KHADC chief H.S. Shylla on Monday said that the District Council is an autonomous body and does not fall under any office of profit.
In this context, Shylla said that the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Amendment Bill, 2015 to prohibit people from holding multiple posts is still not clear and does not have a strong stand.
“According to Article 191 of the Constitution of India, a person shall be disqualified for being chosen as, and for being a member of the Legislative Assembly or Legislative Council of a State if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder,” Shylla told reporters on the sidelines of the rally organized by Nongkrem Constituency Peoples’ Committee (NCPC) at Smit on Monday.
Reacting to a query on MDCs who had resigned on account of the dual post issue, Shylla said article 191 is simple to understand, and the concerned MDCs should have gone through it properly before quitting their posts.
“This reflects that many of our legislators are still lagging behind and if they cannot understand simple laws, how they can become lawmakers,” Shylla said.
While two MDCs resigned on personal grounds before the dual post Bill was passed, five resigned after the Bill became effective even as the KHADC CEM held on to his office.
Shylla, meanwhile, doubted whether the state government would be able to announce election to the vacant seats in the Council since there is ambiguity in the dual post Bill.
“If MDCs had resigned on the grounds that they can no longer hold two posts, then the election is mandatory, but if they cite the reason that they resigned due to the passage of dual post Bill, then, their posts can be restored in the due course of time” Shylla said.
Meanwhile, when asked about his preparation for the by-poll in KHADC from Nongkrem, Shylla said that it depends on the voice of the people because he himself had earlier announced that he will not contest elections anymore as he thought that the people should first understand the issues.
To a question on the party he will choose to contest the by poll, Shylla said, it can be decided only when the election is announced.
