SHILLONG, Nov 17 - At least 10 Meghalaya legislators, who quit as Parliamentary Secretaries after the High Court struck down a State law providing for such appointments, have said there is no ground for their disqualification as members of the Assembly.
On November 9, Meghalaya High Court had held invalid the State law providing for appointment of Parliamentary Secretaries, but left it to the Governor to determine if those who held the post should be disqualified from the Assembly.
Sujit Dey, counsel for the 10 legislators, said recently that the issue of disqualification from the Assembly becomes �infructuous� since the post of Parliamentary Secretary itself has ceased to exist, and out of respect for the Court verdict, all Parliamentary Secretaries had immediately resigned.
Dey had represented Cherak W Momin, Limison D Sangma, and Noverfield R Marak and Sengnam Marak (all Congress legislators), Nationalist Congress Party (NCP) legislator, Marthon J Sangma besides four Independent legislators � Brigady N Marak, Samuel N Sangma, Michael T Sangma, Ashahel D Shira and Rophul S Marak.
The verdict by a division bench of Chief Justice Dinesh Maheshwari and Justice Ved Prakash Vaish came on a PIL filed by State resident Madal Sumer, challenging the �extra constitutional and illegal� appointment of Parliamentary Secretaries in the State.
In a statement issued here on behalf of the legislators, Dey noted that there is a valid law, Prevention of Disqualification (Members of the Legislative Assembly of Meghalaya) Act, 1970, wherein Section 2 states that a person shall not be disqualified or shall not be deemed ever to have been disqualified for being chosen as, or for being, a member of the Legislative Assembly of Meghalaya by reason of the fact that he holds any of the offices specified in the schedule.
�The schedule includes the post of Parliamentary Secretary to the Government of Meghalaya. The validity of this entry has not been challenged,� he said.
Moreover, Dey said the principle that a legislature has the right to declare any post to be exempted from disqualification under Article 191(1)(a) as in the present case, is a settled law.
�The question of disqualification for holding an �office of profit� is governed by Article 191 (1) (a) of the Constitution which states that a person will be �disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State if he holds any office of profit under the Government of India or the government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder,� Dey said.
The bench had left it to the Governor to decide on the Parliamentary Secretaries� disqualification as Assembly members.
On March 12, 2013, Chief Minister Mukul Sangma had administered the oath of office to 18 Parliamentary Secretaries to assist 12 Ministers after the Congress retained power following the Assembly elections.
However, Independent legislator Lamboklang Mylliem resigned from the post on March 29 last year, citing legal grounds.
Parliamentary Secretaries Celestine Lyngdoh and Comingone Ymbon were subsequently made Cabinet Ministers.
Election to the 60-member Assembly is scheduled to be held in February-March 2018. � IANS