SHILLONG: In the wake of questions being raised about the probable disqualification of Mawhati MLA Julius Dorphang, who is in police custody for the POCSO related case, Assembly Speaker A.T Mondal on Sunday said the issue has to be analysed based on the Assembly rules and the Constitution of India.
He said as per 185(1) of the rule, procedure and conduct of the business in the Meghalaya Legislative Assembly, the seat of a member will be declared vacant under clause (4) of Article 190 of the Constitution on a motion by the Leader of the House or by such other members to whom he may delegate his functions on his behalf.
The clause 4 of Article 190 of the Constitution states that “if for a period of 60 days, a member of a House of the Legislature of a State is, without permission of the House, absent from all meetings thereof, the House may declare his seat vacant, provided that in computing the period of sixty days, no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days”.
The Speaker also clarified that absence from the House relates to 60 days and not 180 days as earlier reported.
Mondal added that if any member wishes to be absent from the House, he or she should provide valid reason in writing.
If at all the motion regarding any legislator’s removal is moved for being absent in the House, the Secretary of the Assembly will cause the information to be published in the official gazette and will forward a copy of the notification to the Governor and the Election Commission.
According to Mondal, if a court convicts a legislator, this will be altogether a different matter as he will lose the membership automatically.
