Wednesday, November 27, 2024
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MLAs holding post of MDCs not office of profit: SC

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SHILLONG: The Supreme Court on Monday upheld the order of the full Bench of the High Court of Meghalaya on the dual posts issue concerning MLAs holding the post of MDCs vindicating the stand of KHADC chief P.N Syiem, who still continues to hold the post of both MLA and MDC.
The Supreme Court during the hearing on Monday dismissed the Special Leave Petition on the dual posts issue filed by Agnes Kharshiing confirming the order of the High Court, which means that MLAs now can continue to hold the post of MDCs as it is not an office of profit.
Senior Advocate for the petitioner J.M Sharma said over phone from Delhi that the Supreme Court confirmed the previous order of the High Court of Meghalaya on the matter.
Earlier, the views of the full bench of the High Court were with reference to the KHADC CEM, who was still holding the post of MDC, and since seven MLAs had resigned from the post of MDCs, the High Court did not consider their cases.
The High Court had also referred to the direction of the Meghalaya Governor who had upheld the order of the Election Commission that MLAs holding the post of MDCs is not an office of profit.
When contacted, the petitioner, Kharshiing said she is yet to decide on her future course of action.
She, however, pointed out that the High Court in its last order on August 23 last year had reproduced the Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972, which is not in gazette form.

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