SHILLONG, Oct 11 - A division bench of Meghalaya High Court on Friday referred a Public Interest Litigation (PIL) seeking disqualification of MLAs holding dual post, to a full bench.
The bench consisting of Justice TNK Singh and Justice SR Sen while referring the PIL to the full bench, consisting of Chief Justice Uma Nath Singh which will sit on October 14, said, the matter of disqualification of any member should rest on competent authority (Governor) under Article 192 of the Constitution.
The PIL was filed by Civil Society Women�s Organisation president, Agnes Kharshiing. The bench also pointed out that the Assembly has recently passed the Prevention of Disqualification (Members of Legislative Assembly of Meghalaya) (Amendment) Act, 2015, in which the MLAs holding dual posts are no longer protected from disqualification.
Barring PN Syiem of the Congress, seven other MLAs have resigned from the District Council after the Assembly passed the Act.
Referring to the Act, the order said: �the present MLAs who hold dual post in Autonomous District or any member nominated in the Councils are no more protected from disqualification.�
The Court further noted that: �it is also made clear that pendency of the present writ petition shall not cause any prejudice or bar the authority under Article 192 of the Constitution of India in taking a decision.�