SHILLONG: The Advocate General B P Todi has come under scanner over the examination of dual-post case involving eight legislators.
Some lawyers, who were present in the High Court during the past hearings have pointed that the Advocate General had told the Court that the Election Commission was examining the cases of all the eight legislators.
During the hearing on January 13, the case was adjourned on the request of Todi that the Election Commission was still examining the matter, and hence the case was listed to be taken up after four weeks.
Prior to the January 13 hearing, the High Court, during the hearing of the case on December 15 last year observed.” the Election Commission of India is expected to give its opinion on the entire issue relating to all eight MLAs as referred to by the Governor” though the case can await the decision of the Governor, which would be taken upon receiving the opinion of the Election Commission.
When contacted, the Advocate General did not return the call.
Some advocates, who are dealing with the issue said that the matter appears to be contempt of court case since the Governor as referred by the Government had sent to the Election Commission of India only the name of KHADC CEM P. N Syiem, and not the names of other seven legislators ) who were still holding the posts of MDC when the PIL on the dual post was filed.
The mover of the PIL Agnes Kharshiing, after filing RTI application, received a reply from the Election Commission recently which said that the Governor as referred by the Government had sent the name of only Syiem for examination by the Commission.
However, recently, the former Chief Electoral Officer P Naik claimed that he had written to the Election Commission of India urging to send its observation at the earliest after examining the cases of all the eight legislators following the direction of the High Court in this regard.
