Shillong: All eyes are on the Raj Bhavan that’s to take a name on whether or not 17 Meghalaya legislators who stop as parliamentary secretaries after the excessive court docket final week struck down a state regulation offering for such appointments may be disqualified as members of the state Meeting.
A Raj Bhavan official mentioned that Governor Ganga Prasad is ready for the reference of the state authorities and the Meeting Speaker on the court docket verdict on the appointment of parliamentary secretaries.
“The governor is but to obtain a reference from the federal government and Meeting Speaker on the court docket verdict. As soon as we obtain the communication from them, the governor’s workplace will search the suggestion of the Election Fee on the matter,” a Raj Bhavan official mentioned on Tuesday.
On 9 November, the Meghalaya Excessive Court docket had held invalid the state regulation offering for appointment of parliamentary secretaries, however left it to the governor to find out if those that held the put up needs to be disqualified from the Meeting.
The decision by a division bench of Chief Justice Dinesh Maheshwari and Justice Ved Prakash Vaish got here on a PIL filed by state resident Madal Sumer, difficult the “further constitutional and unlawful” appointment of parliamentary secretaries within the state.
In keeping with Article 192 of the Structure, if any query arises as as to if a member of a Home of the Legislature of a State has grow to be topic to any of the disqualifications talked about in clause (1) of Article 191, the query will likely be referred for the choice of the Governor and his resolution shall be ultimate.
Leaving it open to the governor to resolve on the difficulty of disqualification of parliamentary secretaries as Meeting members, the bench had famous: “It’s hardly a matter of any doubt that when a query arises as as to if a member of a Home of the Legislature of the state has grow to be topic to any of disqualifications talked about in Article 191(1), the query needs to be referred for the choice of governor; and the choice of the governor on this regard, on the premise of the opinion of Election Fee, is ultimate.”
Nonetheless, 10 of the 17 legislators who stop as parliamentary secretaries following the excessive court docket verdict have mentioned there may be no floor for his or her disqualification as members of the Meeting.
Sujit Dey, counsel for the 10 legislators, mentioned that the difficulty of disqualification turns into “infructuous” because the put up of parliamentary secretary itself has ceased to exist, and out of respect for the court docket verdict, all parliamentary secretaries had instantly resigned.
Hours after the 9 November verdict, 17 parliamentary secretaries stop their put up.
Chief Minister Mukul Sangma, who accepted their resignation, defended their appointment and the regulation.
“This regulation has been enacted based mostly on this mandate of the provisions of the Structure by which we are able to stop the members of the august home from getting disqualified for holding an workplace of revenue whereby regulation says such workplace will likely be deemed as not as workplace of revenue,” Sangma mentioned.
Nonetheless, Madal Sumer submitted a illustration to Prasad on Monday night searching for the disqualification of the legislators named within the PIL, citing that “they’re now not legislators for holding workplace of revenue”.
Sumer urged the Governor, the best constitutional authority of the state, to train his energy beneath Article 192 of the Structure and to take a call on the difficulty of disqualification
On 26 July, the Supreme Court docket had declared as unconstitutional a regulation enacted by Assam in 2004 that allowed the appointment of parliamentary secretaries within the rank of Minister of State.
On 12 March, 2013, Sangma had administered the oath of workplace to 18 MLAs as Parliamentary Secretaries to help 12 ministers after the Congress retained energy following the Meeting elections.
Nonetheless, unbiased legislator Lamboklang Mylliem resigned from the put up on 29 March, 2016, citing authorized grounds.
Parliamentary secretaries Celestine Lyngdoh and Comingone Ymbon had been subsequently made Cupboard ministers.
Election to the 60-member Meeting is scheduled to be held in February-March 2018.