SHILLONG: HSPDP has urged the Governor V. Shanmuganathan to prevent the Congress-led MUA-II government from any amendment to the Act related to the Parliamentary Secretaries.
In a joint letter addressed to the Governor, the HSPDP president Ardent Basaiawmoit and general secretary Witting Mawsor said while the MUA – II government is contemplating to bring amendment to the Act, the HSPDP is of the view that there is no room for the government to resort to any such move.
The HSPDP said that amendment to the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005 will result in direct contravention to the provision of the Constitution and more particularly the 91st amendment.
Referring to two rulings of the Himachal Pradesh High Court and Kolkata High Court, the HSPDP leaders pointed out that Chief Justice V K Gupta, in his judgment, dated 18 August, 2005 relating to the case of Citizen Rights Protection Forum vs Union of India in the Himachal Pradesh High Court has categorically stated that they “have no manner of doubt that respondents No. 3 to 14 are usurpers of public office since their appointments did not owe their origin to any constitutional or legal provision, they having been appointed by person not vested with the power of appointment. Consequently, appointments of respondents No. 3 to 14 are quashed and set aside with all the consequences.”
In another judgment, dated 1 June, 2015 the Chief Justice Manjulla Chellur of the Kolkata High Court in the case of Vishak Bhattacharya vs The State of West Bengal in connection to the West Bengal Parliamentary Secretaries (Appointment, Salaries, Allowance and Miscellaneous Provision) Act of 2012 had stated that “the Statute in question is nothing but an enactment to overcome the limitation or restriction imposed under Articles 164 (1A) of the Constitution of India, Hence, it is repugnant to the Constitution and deserves to be struck down. Accordingly, the writ petitions are allowed. The enactment of West Bengal Parliamentary Secretaries (Appointment, Salaries, Allowance and Miscellaneous Provision) Act of 2012 is struck down. Consequently, the appointments of the party/respondents as Parliamentary Secretaries are set aside.”
Hence the HSPDP said that the judgements have made the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances & Miscellaneous Provisions) Act, 2005 ultra vires.
