Prevention of Disqualification Act still valid: Tynsong
SHILLONG: As the dichotomy continues on KHADC CEM P.N Syiem still holding the post of MLA even after the State Government brought out the dual post Act to end the culture of an MLA holding the post of MDC, only the amendment to the Sixth Schedule of the Constitution will finally address the issue.
District Council Affairs Minister Prestone Tynsong said on Friday that recently there was a discussion on the amendment to the Sixth Schedule that insists one person-one post policy.
“As per the amendment, even if an MDC contests the Assembly polls, he has to relinquish one post after getting elected as MLA,” Tynsong said.
The Supreme Court on January 30 this year had upheld the two orders of the High Court of Meghalaya related to holding of dual posts affirming the order of the Governor supported by the Election Commission of India that the post of MDC is not an office of profit, hence KHADC chief Syiem cannot be disqualified.
The Supreme Court had upheld the orders of the High Court delivered on August 31 and September 1 last year related to the dual post case, but it did not interfere in the dual post Act passed by the Meghalaya Legislative Assembly in 2015 that restricted an MLA holding the post of MDC.
Tynsong said the amended dual post Act passed by the Government known as the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015, is still valid as the original prevention of disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1972, was meant only for legislators and there was no need to include CEMs or MDCs of councils in the 1972 Act.
“In this context, we only deleted entry No. 9 of the Schedule related to MDCs in the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) Act, 1972, and brought the amended Act 2015, which was very much necessary since the Councils are separate autonomous entities under the Constitution of India,” he said.
Tynsong, however, said that only the amendment to the Sixth Schedule by the Centre will ultimately prevent dual posts.
