SHILLONG: The parliamentary secretaries appointed by the Congress-led MUA-II government resigned en masse on Thursday hours after the High Court of Meghalaya made their appointments illegal.
However, the trouble for the parliamentary secretaries is far from over as they may face disqualification as MLAs and the court wanted the Meghalaya Governor to take a decision on the matter.
Chief Minister Mukul Sangma announced the resignation of all the parliamentary secretaries on Thursday evening following the court order and after media persons sought a response from him.
“The parliamentary secretaries came and met me and they wanted to resign irrespective of the court order,” Sangma said.
He said the certified copy of the order was made available to the government and it will be further examined. He added that the order was based on the Supreme Court ruling related to Assam parliamentary secretaries.
After the November 2 education scam judgment, the order of the High Court striking down the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, is a setback to the ruling government ahead of the Assembly polls.
The Act had equated the parliamentary secretaries as ministers of state.
The Division Bench comprising Chief Justice Dinesh Maheshwari and Justice Ved Prakash Vaish said the Act was invalid for want of legislative competence of the State Legislature “and is, therefore, struck down”.
The order of the High Court was based on the pending PIL moved by Madal Sumer, a resident of West Jaintia Hills district last year.
According to the High Court, as a necessary corollary, the notifications appointing the parliamentary secretaries and other follow-up actions “are declared void, for having been issued and carried out under an invalid enactment”.
Earlier, through the PIL the petitioner had questioned the validity of the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, and also alleged that the 17 MLAs holding the office of parliamentary secretaries had incurred disqualification to be members of the Meghalaya Legislative Assembly as per Article 191(1)(a) of the Constitution due to office of profit.
The petitioner said the expenditure that the government incurred for the parliamentary secretaries could have been used for development of the state.
During the hearing, Advocate General BP Todi had argued that the state government amended the Act of 2005 related to parliamentary secretaries in 2016 and they were not equated with the status of ministers of state.
On March 12, 2013, the state government appointed 18 MLAs as parliamentary secretaries to assist 12 ministers.
The number was reduced to 17 after one of the parliamentary secretaries, Lamboklang Mylliem, resigned on March 29 last year following the controversy over the appointment of parliamentary secretaries.
The remaining 17 were Comingone Ymbon, Limison Sangma, Winnerson Sangma, Kennedy Khyriem, Cherak Momin, Sengnam Marak, Celestine Lyngdoh and Noverfield Marak (all Congress), Marthon Sangma of NCP and Independents Samuel Sangma, Rophul Marak, Robinus Syngkon, Michael Sangma, Justine Dkhar, Ashahel D Shira, Stephanson Mukhim and Brigady Marak.
Out of this, Comingone and Celestine were appointed as Cabinet ministers in August this year.
As far as the issue of disqualification of parliamentary secretaries is concerned, the High Court said it was left open for determination by the governor, if raised in accordance with law.
The decision of the governor in this regard, on the basis of the opinion of the Election Commission, will be final.
