MLA disqualification: Speaker has no role in deciding issue

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SHILLONG: Speaker AT Mondal is ready to provide suggestions if the governor seeks his opinion on the disqualification of 17 MLAs, who were parliamentary secretaries, though the former has no role in decision-making in the office of profit issue.
After the petitioner of PIL on parliamentary secretaries, Madal Sumer, submitted his representation to the governor on Monday, the latter told the delegation led by Sumer that he will take up the matter with the speaker and the Election Commission.
“If the governor seeks my opinion, I can provide the suggestions,” Mondal said on Tuesday.
The petitioner wanted the disqualification of 17 MLAs who were appointed as parliamentary secretaries as per Article 191 (1) (a) of the Constitution which speaks about disqualification of legislators for holding office of profit.
For taking up the matter, the governor will examine Article 192 of the Constitution which states that he should refer the matter to the Election Commission of India.
In a related case, Raj Bhavan had referred the issue of MLAs holding the post of MDCs to the Election Commission but the matter did not come under the purview of office of profit.

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