SHILLONG: Varied views have emerged from political leaders on whether a legislator can contest the by-polls to seven district council constituencies.
Both Chief Minister Mukul Sangma and District Council Affairs Minister Prestone Tynsong had made it clear that the amended dual post Act that took effect from October 1 last and prevented MLAs to be MDCs, was very much valid and the legislators will have to contest the by-election to the council posts at their own risk.
However, taking a different view, KHADC CEM PN Syiem said on Sunday that MLAs can contest the council polls.
Except Syiem representing Mawsynram, HDR Lyngdoh (Nongspung-Sohiong), Sanbor Shullai (Laban-Mawprem), Ardent M. Basaiawmoit (Nongkrem), KP Pangniang (Rambrai-Jyrngam), Metbah Lyngdoh (Mairang-Nongkhlaw), Brolding Nongsiej (Mawthadraishan) and Stephanson Mukhim (Amlarem) had resigned as members of the district councils following the amended dual post Act.
However, during the recently concluded autumn session of the Assembly, Leader of the Opposition Donkupar Roy had also pointed out that since the Governor had given his ruling based on the observation of the Election Commission that the post of MDC is not an office of profit, there should not be any bar for the MLAs to contest the by-polls.
Syiem pointed out that the entry 9 of the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972, had prevented MDCs from disqualification for being chosen as, and for being, members of the Legislative Assembly of Meghalaya.
The amendment brought by the government last year omitted the entry 9, which means that MDCs are no longer protected for being chosen as, and for being, members of the Assembly.
“However, the interesting part is that the Governor cannot disqualify an MLA for holding the post of MDC based on Article 191 of the Constitution,” he said.
The Article 191 says a person will be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State “if he holds any office of profit under the Government of India or the government of any state specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder”.
