Shillong,
Nov 14: Meghalaya governor Ganga Prasad said that he would follow the
Constitution to decide the fate of the legislators who hold the posts of
parliamentary secretaries.
On November 9, the Meghalaya High Court had declared the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005 "invalid" for want of legislative competence of the state legislature.The court, however, has left the question of disqualification of the MLAs holding the post of parliamentary secretaries 'open' for determination by the governor, if it is raised in accordance with the law. The court passed the judgment after adjudicating a public interest litigation (PIL) filed by one Madal Sumer, who challenged the validity of the act and alleged that MLAs holding the office of parliamentary secretaries should be disqualified. Yesterday, Mr Sumer met the Governor and submitted a memorandum, seeking to disqualify the legislators who had held the posts of parliamentary secretaries. In the petition to the Governor, Sumer said that the appointments to the posts of Parliamentary Secretary were on the basis of the Act of 2005 which stands struck down.
Demanding the resignation of the 17 legislators, Sumer stated that by virtue of section 6 of the Act, the offices of all the parliamentary secretaries were entitled to receive salaries.
“The said MLAs continued to hold their respective post of parliamentary secretaries even after the pronunciation of Bimolangshu Roy’s case by the Apex Court on 26.07.2017 till the High Court of Meghalaya struck down their appointment in its order dated 09.11.2017,” Mr Sumer said. He also stated in the petition to the Governor that there is no dispute that all the 17 MLAs were holding the post under state which were capable of yielding pecuniary gain and as such they were holding the “Office of Profit” under the state of Meghalaya as per the proposition of the law laid down by the Supreme Court. “The said MLAs are therefore liable to be disqualified for holding office of profit under Article 191 (1) (a) of the Constitution of India,” Mr Sumer stated. Mr Sumer in the petition to the Governor said that though by virtue of the provision of Article 191 (1) (a) of the Constitution the state legislature is empowered to make law exempting certain holder of office from the purview of disqualification. UNI
On November 9, the Meghalaya High Court had declared the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005 "invalid" for want of legislative competence of the state legislature.The court, however, has left the question of disqualification of the MLAs holding the post of parliamentary secretaries 'open' for determination by the governor, if it is raised in accordance with the law. The court passed the judgment after adjudicating a public interest litigation (PIL) filed by one Madal Sumer, who challenged the validity of the act and alleged that MLAs holding the office of parliamentary secretaries should be disqualified. Yesterday, Mr Sumer met the Governor and submitted a memorandum, seeking to disqualify the legislators who had held the posts of parliamentary secretaries. In the petition to the Governor, Sumer said that the appointments to the posts of Parliamentary Secretary were on the basis of the Act of 2005 which stands struck down.
Demanding the resignation of the 17 legislators, Sumer stated that by virtue of section 6 of the Act, the offices of all the parliamentary secretaries were entitled to receive salaries.
“The said MLAs continued to hold their respective post of parliamentary secretaries even after the pronunciation of Bimolangshu Roy’s case by the Apex Court on 26.07.2017 till the High Court of Meghalaya struck down their appointment in its order dated 09.11.2017,” Mr Sumer said. He also stated in the petition to the Governor that there is no dispute that all the 17 MLAs were holding the post under state which were capable of yielding pecuniary gain and as such they were holding the “Office of Profit” under the state of Meghalaya as per the proposition of the law laid down by the Supreme Court. “The said MLAs are therefore liable to be disqualified for holding office of profit under Article 191 (1) (a) of the Constitution of India,” Mr Sumer stated. Mr Sumer in the petition to the Governor said that though by virtue of the provision of Article 191 (1) (a) of the Constitution the state legislature is empowered to make law exempting certain holder of office from the purview of disqualification. UNI
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