12 AITC MLAs liable for disqualification: Experts

NEW DELHI, Nov 30: Despite enjoying a two-thirds majority, the Mukul Sangma-led All India Trinamool Congress (AITC) Meghalaya unit may not be recognised as a separate political entity and may even get disqualified from the Meghalaya Assembly according to the

provisions of the Constitution, legal experts said.
Para 4 of the Tenth Schedule of the Constitution virtually prohibits defection following amendments but allows the merger of one political party with another. The same paragraph provides relief from disqualification in the case of a merger of political parties if the said merger is with one-third of the members of the legislative party that has consented to merge with another political party.
Experts have pointed out that AITC is not a political party in Meghalaya and Congress, as a national party cannot go by the decision of its state unit even if it is by two-third of its MLAs.
Senior Meghalaya Congress leaders met Assembly Speaker Metbah Lyngdoh on Monday and sought the disqualification of 12 of its former MLAs under anti-defection laws for joining the Mamata Banerjee-led AITC. They sought action under rule 7 of the Meghalaya Legislative Assembly but Sangma is confident of his steps.
Former Assembly Speaker, Bindo M. Lanong told The Shillong Times that the amended anti-defection laws literally “ban” any defection under the Constitution. Only the merger of a political party with two-thirds majority of the legislators is allowed, he said.
The Speaker had earlier ruled out any illegality in the 12 Congress MLAs joining the AITC. But he had sought legal opinion and was told Congress can prove it if the matter goes to the Supreme Court.
Paragraph 6 of the Tenth Schedule mandates the Chairman or the Speaker of a legislative house to be the ultimate decision-making authority in case of any disqualification that arises. It also allows the courts to intervene in matters of disqualification or merger.
Asked about Paul Lyngdoh’s party (KHNAM) merging with the United Democratic Party in 2008, Lanong said the former was a regional party of the state. Paul was also its lone legislator and president.
But in case of the defection of AL Hek, then lone BJP legislator, to the Congress, the parent party did not raise any serious objection that time, Lanong pointed out. It was ostensibly on the ground that it was the case of a single MLA in the state, he said.
Giving another example involving two MLAs in opposite camps, Lanong said Ampareen Lyngdoh who was elected from the UDP resigned from her seat and contested from the Congress and won. Charles Pyngrope, who is now with the AITC, was the Speaker at that point in time.
Bindo himself faced the same situation when the non-Congress government under the late Donkupar Roy fell due to the defection of some MLAs to Congress. The matter went to the Supreme Court, but the government collapsed with more defections.
At the national level too, Congress and AITC are locked in a serious fight even though both consider BJP as their main enemy. There is a tussle between Sonia Gandhi and Mamata Banerjee for the slot of top Opposition for their respective parties.
The cold war between Congress and AITC is visible even during the winter session of Parliament. As the AITC is heading for pan-India expansion, the two parties are avoiding an open confrontation, but the rift between the two is evident in their actions.
The AITC appears to be poaching Congress leaders in its expansion bid starting from former Mahila Congress president Sushmita Dev of Assam. The trend reached Bihar, Goa, Haryana and Uttar Pradesh before Meghalaya.