SHILLONG: The Election Commission of India has sent its views on MLAs holding the posts of MDCs to the Law department.
An official source said on Tuesday that the Law department is examining the matter before it is sent to the Meghalaya Governor who will in-turn forward his response to the High Court of Meghalaya where the PIL on the dual post is pending.
However, the official is tightlipped about the content of views expressed by the Election Commission as to whether the MLAs holding the post of MDCs will come under office of profit or not.
The last hearing of the case was on December 15 last year.
Earlier, the High Court wanted the Governor to give his views on the dual posts after referring the matter to the Election Commission as per article 192 (2) of the Constitution on matters related to disqualification of legislators for holding office of profit.
There were varied views regarding dual posts as some legal experts had pointed out that since District Council is an autonomous body formed per the Sixth Schedule to the Constitution of India, the Council is not under the State Government, and hence the posts under the Council do not fall under office of profit.
While KHADC CEM P N Syiem is yet to relinquish the post of MDC, seven legislators- HDR. Lyngdoh, Ardent Miller Basaiawmoit, Stephanson Mukhim, Phlastingwell Pangniang, Brolding Nongsiej, Metbah Lyngdoh and Sanbor Shullai- had given up the posts of MDC fearing disqualification in the wake of State Government making the Dual-Post Bill effective from October 1 last year.
The case has been lingering since a PIL was filed in October 2014 seeking disqualification of legislators cum MDCs. The PIL highlights about the rule 17(1) (a) of the Assam (and Meghalaya) Autonomous District (Constitution of District Councils) Rules 1951 for the disqualification of MDCs who are holding the post of legislators.
