Dual post issue
SHILLONG: The decision of the State Governor V Shanmuganathan to send only one name (PN Syiem) to the Election Commission instead of all the 8 legislators as demanded by High Court to ascertain whether they face disqualification for holding the office of MDC may come under the scanner of High Court of Meghalaya.
In the May 31 order, the Governor said that the KHADC chief P N Syiem cannot be disqualified for holding the office in KHADC based on the opinion of Election Commission which did not find it as an office of profit under the state government.
The High Court in its order on December 15 last year, while stating that the case can await the decision of the Governor, which would be taken upon receiving the opinion of the Election Commission, however, observed that “the Election Commission of India is expected to give its opinion on the entire issue relating to all eight MLAs as referred to by the Governor”.
However, only the name of KHADC CEM was sent by the Governor to the Election Commission.
When contacted to know whether this will fall under contempt of court, a legal officer with the state government said that the government has no role in sending the names, as the matter is dealt by the office of the Governor.
The seven legislators whose names were not sent to the Election Commission are HDR. Lyngdoh, Ardent Miller Basaiawmoit, Stephanson Mukhim, Phlastingwell Pangniang, Brolding Nongsiej, Metbah Lyngdoh and Sanbor Shullai.
They were holding the post of MDCs till the dual post Bill came into effect from October 1 last year.