Govt awaits EC response on dual post, House told

SHILLONG: The State government is still awaiting reply from Election Commission of India to know whether the MLAs holding the post of MDCs will be disqualified or not. Deputy Chief Minister incharge law Rowell Lyngdoh informed this in the State Assembly on Wednesday while responding to a call attention motion moved by HSPDP member Witting Mawsor. The matter was raised through a call attention motion moved by Witting Mawsor, HSPDP member from Mawshynrut constituency in Assembly on Wednesday. The Opposition member mentioned about the loopholes in the implementation of Bill passed by the Assembly to debar MLAs from holding the post of MDCs. In his reply, the Deputy Chief Minister said that the Governor had referred the issue of office of profit to the Election Commission of India on November 30 last year under Article 192 of the Constitution of India. “The Election Commission of India has sought further information on January 19 and the State Government furnished the information to the Election Commission of India on February 20, and the opinion of the Commission is awaited. He said that Meghalaya Legislative Assembly passed the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015 and the  law was assented to by the Governor on October 8 last year  and the Act  came into force with retrospective effect from October 1 . According to Lyngdoh, as per the Amendment Act, entry No. 9 of the Schedule to the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) Act, 1972 was omitted. This means that the members of District Councils, Executive Members (EMS) or Chief Executive Members (CEMs) are no more protected from disqualification as per the Act of 1972.
Lyngdoh said that the legislature had passed the law omitting the provisions of entry No.9 from the Schedule of the Act, 1972 and the Act of2015 is effective from October 1 last year.  He added that the question on whether after passing the amendment Act, 2015, an MLA who is holding the post of MDC is to be disqualified or not will be decided by the  Governor or the competent Court of law .
He said that the PIL field in this regard is still pending before the High Court of Meghalaya and as such, it is premature to discuss in the House and give views on the merits of the matter.  “Hence, this matter is sub-judice”, Lyngdoh added