SHILLONG: The High Court on Monday deferred the pending case related to MLAs holding the post of parliamentary secretaries to November 2.
During the hearing of the case, a request for adjournment was made on behalf of the Advocate General with the submission that he was not to attend the court.
Since the counsel had no objection and made a submission to take up the matter at the earliest, the court listed the matter for hearing on November 2.
A PIL was filed in the High Court of Meghalaya by Madal Sumer, a resident of Jowai, challenging the legality of appointing MLAs as parliamentary secretaries. He had pointed out that it was a waste of public money.
Out of the 17 parliamentary secretaries, Celestine Lyngdoh and Comingone Ymbon have already been appointed as ministers.
Earlier, a judgment of the Supreme Court said states do not have the power to make rules or frame acts for creating such posts.
The court was hearing a case related to the appointment of parliamentary secretaries in neighbouring Assam.
The Supreme Court bench comprising Justice J Chelameswar, Justice RK Agrawal and Justice AM Sapre allowed the plea challenging the validity of the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004, saying it violated the mandate under Article 164 (1A) that stipulates an upper limit of 15 per cent as the strength of the council of ministers.
Last year, even the Delhi High Court quashed the appointment of 21 parliamentary secretaries but some local legal experts had argued that Meghalaya’s case was different because the state government had already framed rules.
When the issue was discussed in the state last year after the powers and functions of parliamentary secretaries were equated with ministers, the state government had decided to further amend the existing Act related to parliamentary secretaries.
Earlier in 2005, the government passed the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act equating their rank and status to that of ministers.
Besides, the definition in the Rules of Procedure and Conduct of Business in the Meghalaya Legislative Assembly had equated the rank of the parliamentary secretary to that of a minister.
Later, the Meghalaya Legislative Assembly brought in an amendment to the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions (Amendment) Bill, 2014.
According to the Act, a parliamentary secretary will perform duties as may be assigned by the chief minister for effective and regular monitoring of development works of various departments.
The Act also says a parliamentary secretary will be entitled to salaries and allowance as per the Legislative Assembly of Meghalaya (Members Salaries and Allowances) Act, 1972.
