Citizen petitions Guv against 15 MLAs

SHILLONG: A citizen from West Jaintia Hills, Ioannis Thamar, has petitioned the Meghalaya Governor to invoke the provision of Article 192 of the Constitution of India and hold that the 15 MLAs who are holding the posts of parliamentary secretaries have acquired disqualification as per Article 191(1)(a) of the Constitution and can no longer continue as members of the Meghalaya Legislative Assembly.
In a petition to the Governor, Thamar while taking a cue from the recent Supreme Court order wherein it has categorically been held by the apex court that the post of parliamentary secretary is unconstitutional and creation of the same by way of legislation is beyond the legislative competence of a state, said Meghalaya also has a similar Act passed by the State Legislature known as The Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005.
On the basis of the Act, the state government has appointed many parliamentary secretaries from among the elected MLAs of the state out of which the 15 MLAs are still holding office.
According to him, the 15 MLAs are Samuel M. Sangma, Limison D. Sangma, Winnerson D. Sangma, Kennedy Cornelius Khyriem, Cherak W. Momin, Brigady Marak, Sengnam Marak, Rophul S. Marak, Robinus Syngkon, Micheal T. Sangma, Justine Dkhar, Ashahel D. Shira, Stephanson Mukhim, Noverfield R. Marak and Marthon Sangma. “It is utter dismay that in the state of Meghalaya, the 15 MLAs who are holding the post of parliamentary secretaries in different departments, have till date not tendered their resignation from the post and continuing to hold the same in spite of the judgment of the apex court,” he said.
Thamar even alleged that the posts of parliamentary secretary are capable of conferring financial benefit in terms of salary and other allowances on the holder of the office in view of the provisions incorporated in the impugned Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005.
Stating that the incumbents in the posts of parliamentary secretaries in Meghalaya are holding the office of profit as per the stipulation made in Article 191 of the Constitution of India and as a consequence, all the 15 MLAs have acquired disqualification by operation of law.
He said the state government may be advised to recover the money and other undue benefits which they have withdrawn and utilised during the period when they were no longer members of the Legislative Assembly.