SHILLONG: The High Court of Meghalaya will now hear the fresh PIL seeking disqualification of MLAs who were holding the post of MDCs on Thursday.
During the hearing on the matter on Wednesday, the High Court was critical of the petitioner again bringing up the case of the seven legislators besides two others from Garo Hills who had already resigned as MDCs.
The Court made an observation that prima facie, it sees no reason to entertain the petition related to respondents H.D.R. Lyngdoh, Ardent Miller Basaiawmoit, Phlastingwell Pangniang, Brolding Nongsiej, Metbah Lyngdoh, Sanbor Shullai, lone JHADC member Stephanson Mukhim and two new respondents from Garo Hills Cherak Momin and Brigady Marak who had resigned as MDCs.
The Court also did not agree with the argument of the petitioner’s counsel N. Syngkon that the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) (Amendment) Act, 2015 was unconstitutional.
The view of the petitioner was that the Amendment Act, 2015 has been questioned because it was passed during pendency of the earlier PIL in 2014 related to the dual posts “only for the purpose of undermining the judicial pronouncement and the same is liable to be struck down as being unconstitutional, illegal, ultra vires and void”.
However, according to the Court, prima facie, it finds such a submission not making out a case for striking down the Amendment Act of 2015; and challenge to the Amendment Act of 2015 appears to be otherwise standing in conflict and even contradictory to the other grounds sought to be taken in the petition. “Having said so, and while leaving it open to the counsel for the petitioner to consider his option, we defer consideration of this matter today. List this matter tomorrow,” the Court said.
