By Our Reporter
SHILLONG, Dec 23: Assembly Speaker Metbah Lyngdoh on Thursday gave his seal of approval to the merger of the 12 Indian National Congress MLAs with the All India Trinamool Congress, as provided under Paragraph IV of the Tenth Schedule to the Constitution.
The Speaker’s decision vindicates the stand of former chief minister Mukul Sangma and former Assembly Speaker Charles Pyngrope who had maintained, all along, that their merger with the Mamata Banerjee-led party along with ten other Congress MLAs was legal and within the ambit of the Constitution.
The Speaker’s ruling also promotes the All India Trinamool Congress – Meghalaya to the rank of principal opposition in the state.
“After examining in detail all the 12 petitions filed by the petitioner, Ampareen Lyngdoh, and the comments received from all the respondents, I am satisfied that the merger of the 12 members of the Indian National Congress is valid as provided under paragraph 4 of the Tenth Schedule to the Constitution of India, and does not attract disqualification. I do not find any merit in the submissions made in the petitions filed by Lyngdoh and therefore, the same is hereby dismissed,” the Speaker ruled.
In the order, the Speaker also mentioned that he had received ten petitions from the petitioner on November 29 against Mukul M Sangma, Marthon Sangma, Jimmy D Sangma, Lazarus M Sangma, Miani D Shira, Himalaya M Shangpliang, George B Lyngdoh, Winnerson D Sangma, Dikkanchi D Shira, MLA and Zenith M Sangma for disqualification under the Tenth Schedule to the Constitution of India.
“Again on December 10, two more petitions were filed and submitted to me personally by the petitioner against Charles Pyngrope and Shitlang Pale for disqualification under the Tenth Schedule to the Constitution of India,” Lyngdoh said.
It may be mentioned that the Meghalaya Legislative Assembly (Disqualification on Ground of Defection) Rules, 1988, notices were issued from the Meghalaya Legislative Assembly Secretariat to the 12 MLAs, asking them to submit their comments on the pleadings in the petitions filed by the petitioner
“As required, under Rule 7(3)(b) of the Meghalaya Legislative Assembly (Disqualification on Ground of Defection) Rules, 1988, the 12 legislators had handed over the letter of merger to the Speaker on November 24,” Lyngdoh said.
Asked if the AITC will now be recognised as the main opposition, Lyngdoh said, “As far as numbers are concerned, from the opposition side AITC has more members than Congress.”
Enquired if he was ready to face judicial scrutiny if the State Congress decided to pursue the matter in the Court, Lyngdoh said, “Yes, if that arises.”
The then 12 Congress legislators had handed over the letter of merger to the Speaker on November 24. Pala’s appointment as MPCC president had apparently made Sangma, Pyngrope and ten others leave Congress and join the AITC.
Paragraph 4 of the Tenth Schedule says disqualification on the ground of defection will not apply in case of a merger. This paragraph excludes from disqualification the merger of political parties, provided if it is with two-thirds of the members of the legislative party who have consented to merge with another political party.