SHILLONG: The Election Commission of India is in a dilemma to decide on the office of profit issue concerning MLAs holding the post of MDCs arising out of the PIL on the matter pending with the High Court of Meghalaya.
An official source said on Thursday that since District Council is an autonomous body and not a local authority under the state government, the Election Commission will be trading cautiously on the matter.
The queries of the Election Commission to the government were that whether the MDC is appointed by the state government and whether he or she gets the salary from the government.
There was also a query on whether the government has the authority to remove MDCs.
As the Law Department in its replay said in the negative to all these queries, the Election Commission has no other choice than to seek further legal opinion, the source added.
However, the source said that if the spirit of the office of profit is taken in its true sense, a person holding two offices cannot be justified.
According to the source, the High Court can give an independent verdict irrespective of the opinion of the Election Commission on the dual post issue.
The last hearing of the case in the High Court of Meghalaya was on January 13, but the matter was adjourned after the Advocate General had apprised the Court that the Election Commission was still examining the matter.
On December 7 last year, the Special Secretary, Law department, L.M. Sangma, had filed an affidavit before the High Court stating that the Governor had referred the issue to the Election Commission of India for appropriate decision. The affidavit said the Governor had made a reference to the Election Commission of India for its opinion under Article 192(2) of the Constitution of India.
“The decision of the Governor on the matter under Article 192 of the Constitution will be placed before this Court after receiving the opinion of Election Commission of India,” the affidavit had said.
Article 192(2) states that before giving any decision on the dual post issue the Governor will obtain the opinion of the Election Commission and shall act according to such opinion. Following this, it was on January 19 that the Election Commission of India had sought further information on the dual post issue, and the state government replied to the queries to the Election Commission on February 20. However, the state government is yet to get the final word on the matter from the Commission.
The PIL filed by CSWO president Agnes Kharshiing seeks disqualification of as many as eight legislators who were holding the posts of MDCs. They include Sanbor Shullai, H.D.R. Lyngdoh, Ardent Miller Basaiawmoit, Stephanson Mukhim, Pyngshngainlang N Syiem, Phlastingwell Pangniang, Brolding Nongsiej and Metbah Lyngdoh. While all the seven legislators had quit the post of MDCs inview of the dual post Bill passed by the government on October 1, KHADC CEM is yet to relinquish his post.
